New York, NY asked in Immigration Law for New York

Q: Can he apply for EAD renewal while he is out of USA?

I-485 or AOS is pending under employment category.working on EAD. currently out of USA. verified I-765 instructions, no where mentioned that person should be in USA to apply for EAD renewal while he is out of USA.

Can he apply for EAD renewal while he is out of USA?

As he working on EAD, does he need advance parole to reenter USA?

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1 Lawyer Answer
Gus M. Shihab Esq
Gus M. Shihab Esq
  • Immigration Law Lawyer
  • Columbus, OH

A: Dear Sir/Madam,

A foreign national who currently reside outside the US is not subject to the jurisdiction (authority) of the USCIS. An EAD is a document which would allow the foreign national to accept employment legally in the US. If the foreign national is outside the US, he would not need an EAD. You can try to apply for an EAD at an overseas USCIS office but I doubt that they would accept it since there is no need for it while the foreign national is currently outside the US.

A foreign national who is not in a possession of an H or L stamp on his/her passport will need advanced parole to enter the US.

Best of Luck.

Gus M. Shihab

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