H4 ead while outside usa

Marinth

New Member
My girlfriend was just approved for an h1b, we will be getting married soon so that I can get in on an h4 and work towards an ead, however in the mean time I will be continuing to work at my job in Canada. I currently work two weeks on, two weeks off in Canada, and visit her on my time off.
I was wondering if it will be possible to keep working at my job in Canada, and apply for an H4 and ead, while still traveling in and out of the US.

Thanks!
 
You do realize that not only must she be an H1-B holder, but she must also have an approved I-140, yes?
So, you need to marry and she needs to go thru PERM/I-140 approval before any of this. So you have lots of time before EAD.

Since are in Canada you won't need to submit an H4 application, you would simply show up at border to get an H4 I-94 (If you are not Cdn citizen, you will need a consular H4 visa before going to the border). After that, you are free to apply for EAD and come and go from US as you wish.
You will not want to apply for BOTH H4 and EAD concurrently, since this would require you to stay in US while your I-539 for H4 is approved, else both I-539 and I-765 would be denied the moment you left. Get the H4 first, then apply for EAD. the only thing you must do, is submit the I-765 while physically in US, in H4 status.
 
Hi, yes I do realize that about the PERM/I140, we're just doing a bit of forward planning. That's perfect, thanks for the answer, for some reason I couldn't find anything about just applying for the H4 at the border, but that will make my life much easier.
 
Top