Travel on AP, Should i have EAD approval before travel

[gcvaartha]

I am planning to travel on AP next month (have approved AP), should i need to get approval for EAD also before travel date!!

My cuurent EAD is expiring while i will be on vacation..i have applied for new EAD in January in Texas, still no news ..I am not sure does i need to have EAD to reenter US?? Can some one help me..thanks

 

[TheRealCanadian]

I am not sure does i need to have EAD to reenter US??

No. The EAD cards explicitly state "NOT VALID FOR RE-ENTRY TO THE US".

 

[dms]

Although EAD does have nothing to do with travel, assuming you are in a salaried (exempt) job then you are technically still working while on vacation and therefore need to revalidate your employment authorization before you leave. If you don't get the new EAD before you leave then you will effectively be working without authorization from the day the old one expires, though 245(k) should protect you in this case.

 

[TheRealCanadian]

then you are technically still working while on vacation and therefore need to revalidate your employment authorization before you leave.

There are two errors with your statement. First, if you are on vacation you are not working by definition. Second, if you are working but outside the US then you do not need employment authorization.

 

[dms]

There are two errors with your statement. First, if you are on vacation you are not working by definition. Second, if you are working but outside the US then you do not need employment authorization.

I disagree. If you are salaried then you are effectively employed and paid 24/7, rather than per hour that you work. Indeed, many companies now refer to vacation time as "Paid Time Off".

 

[TheRealCanadian]

Indeed, many companies now refer to vacation time as "Paid Time Off".

Emphasis mine. USCIS only cares that you're working, not if you're being paid or not. If you are not working but are still being paid, that's fine.