My wife is applying for an EAD (employment authorization), She is on J2 Status. I have two questions.
1. Can she travel while her EAD application i765 is pending? She will be in her home country for 6 weeks.
2. Should I include a copy of her visa stamp in passport? Her visa expires on June 30, 2016 (she will renew her visa while in her home country). Should I wait until after she receives her new visa and after she returns to the states? Obviously she would receive a new i94 when she re-enters the country. Would it cause problems if she shows up to her biometrics appointment with a new i94?. Her DS-2019 is valid until June 30 2017 and I want the EAD to be valid until June 30 2017.
1. Yes, she may travel while her EAD application is pending.
2. You should provide evidence of her status including her visa, I-94, and DS-2019. You should also be prepared to submit evidence that you are maintaining your status.
3. The timing of the application is dependent upon your goals. It is essentially an assessment of what is more important. Do you want to receive the EAD card sooner? Do you want the EAD validity date to be longer?
4. No. There should be no issues.
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Better to apply before her travel or after she returns. If she applied before her travel, she has to do the finger print first and then travel out of the country.
AN EAD is not a change of status, you can apply for it and she can travel while it is pending. Submit as many supporting documents as you want: it will not hurt.
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
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