Can I apply for I765(EAD) when I am abroad now?

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oxa1

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I have a question about I765(EAD):
During I485 pending, if I am abroad (using AP) now, can I send I765(EAD) application now so when I come back to USA three months later, I can immediately get EAD to work? If so, how can I have a copy of I94 (I should return I94 card at departure)?
Thanks!
 
oxa1 said:
I have a question about I765(EAD):
During I485 pending, if I am abroad (using AP) now, can I send I765(EAD) application now so when I come back to USA three months later, I can immediately get EAD to work? If so, how can I have a copy of I94 (I should return I94 card at departure)?
Thanks!
Click to expand...

I don't think so. You need to attach a copy your current I-94 with your I-765 application. I-94 is for showing legal status and you cannot apply for EAD without being in legal status. When you are abroad, you don't have I-94 therfore no status.
 
No, you cannot send I-765 while you are aboard. A copy of Form I-94 Departure Record is required, but you don't have your I-94. (If you forgot to return your I-94 at the ticket counter of departure, you cannot use it. If you apply while you are aboard, it hereby will deny your EAD application because the exit/entry system already recorded your departure date/time at the ticket counter). The best way is when you have to return to USA, then apply for EAD along with copy of your I-94.
 
Thanks, Pralay and USGC485.

You make me clear. But do you think I can submit my I765 form a couple days before I leave USA (using the soon-to-be-expired I94 card)?
Do I need to wait until it is approved? If so, I'd better apply after I come back to USA with the new I94.

Thanks!
 
Up ! It's 2020 now and I have the same question.

These days, it's taking during 5 and 7 months to get a response from I-765 Application (EAD Application)
Does it mean I have to stay all this time (unemployed) physically the US ? Or can I just be present for the submission of the form ?

More information about my personal case :
- I'm holder of a L-2 Visa (Non-Immigrant), my wife is working in the US with a L-1 Visa (Non-Immigrant).
- I guess my category is (a)(18)

Nothing specific is written about that on the form instruction :
Screenshot 2020-10-07 at 17.07.57.png

EDIT : I found some information by NCSU (that recommends to stay on US territory) but
1) It's not an official source, they might not know and just advise the safest option
2) It's for OPT category and not (a)(18) category (Spouse of L-1 Visa)
Screenshot 2020-10-07 at 17.12.01.png

Thanks very much for the help, much appreciated !
 
Last edited:
Enrices said:
Up ! It's 2020 now and I have the same question.

These days, it's taking during 5 and 7 months to get a response from I-765 Application (EAD Application)
Does it mean I have to stay all this time (unemployed) physically the US ? Or can I just be present for the submission of the form ?

More information about my personal case :
- I'm holder of a L-2 Visa (Non-Immigrant), my wife is working in the US with a L-1 Visa (Non-Immigrant).
- I guess my category is (a)(18)

Nothing specific is written about that on the form instruction :
View attachment 2116

EDIT : I found some information by NCSU (that recommends to stay on US territory) but
1) It's not an official source, they might not know and just advise the safest option
2) It's for OPT category and not (a)(18) category (Spouse of L-1 Visa)
View attachment 2117

Thanks very much for the help, much appreciated !
Click to expand...

This thread is 16 years old! Please start your own thread.
 
Well... this thread is the one that is best referenced on Google and if ever people will search the same question they will end up here. Plus the question was not answered 16 years after, and generally speaking I'm pretty sure having several threads on the same subject is something to avoid.

But you're the moderator, so I'll start a new thread :)
 
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