Louisville, KY asked in Immigration Law and Employment Discrimination for Kentucky

Q: Can I travel outside USA when my EAD (under category A180) is under process?

I have a L2 VISA (valid till Sep 2021) and I have applied for EAD under category A18, and the application was received by USCIS (DALLAS, TEXAS center) on May 2nd 2019.

My spouse has a valid L1 VISA (valid till Sep 2021) and is currently employed in United States.

My question is,

Can I travel to my home country i.e. India while my EAD is in process as I plan to travel in June?

Even if I’m allowed to travel and assume that I travel, is there a possibility that it may result in a RFE as my I-94 will indicate that I’m out of USA?

Is there a possibility that request for biometrics may be raised for my case?

1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: As long as you are returning to the US on a valid L2, then a pending EAD application will not impact your ability to reenter in and of itself, nor should your brief absence impact your EAD application.

Timothy Denison agrees with this answer

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