Is Using An Eads Card For Travel Safe?

The EAD card is a work authorization that allows individuals to travel outside the United States while waiting for legal status without jeopardizing their green card application. It is not applicable to employment or adjusting status as a refugee, asylee, or other immigrant. If an EAD card is used for employment, it may be considered terminated, and the H-1B status will be lost. To travel with an EAD card, applicants must use the Advance Parole (AP) document, which allows them to leave and return to the United States while waiting for legal status without jeopardizing their green card application.

For F-1 students on post-completion OPT or STEM OPT, they can temporarily travel outside the country and be readmitted to resume F-1 status and employment for the remainder of the period authorized on the EAD card. However, it is not recommended to travel internationally before the OPT is approved and you have your EAD card. If your OPT application is returned, rejected, or denied while traveling, you will need to undergo a Secondary Inspection.

It is generally not advisable to travel without having your STEM extension approved or without the physical EAD card in hand. The CBP officer will check your Advance Parole card and passport, and you will need to go through a secondary inspection. A valid J-2 visa stamp is acceptable, but the EAD is just work authorization and not your actual status (J-2).

With an approved OPT application and EAD card, you can travel internationally and request entry into the U.S. in F-1 status when you return, both before or after your travel permit has been approved. USCIS will deny your adjustment of status application if you travel abroad.

Can you travel with an EAD card?

If your OPT application is approved and you have an EAD card, you can travel internationally and re-enter the U. S. in F-1 status before or after the start date of your EAD card. To return to the U. S. in F-1 status, you need a Job Offer Letter, Letter from Employer, and evidence of active job search.

Can I travel to the U.S. if my ESTA is pending?

Travel not authorized requires obtaining a nonimmigrant visa at a U. S. Embassy or Consulate. Authorization is pending and travelers must check the ESTA website for updates within 72 hours.

Should I carry around my EAD card?

If you are 18 years or older, you must always carry your Employment Authorization Document (EAD), Green Card, or other proof of alien registration in the United States. If your document is lost, stolen, or damaged, you can use Form I-90, Application to Replace Permanent Resident Card (Green Card), or Form I-765, Application for Employment Authorization, for a new EAD. The USCIS Contact Center can provide instructions for these changes.

The EAD with the statement “SERVES AS I-512 ADVANCE PAROLE” is a Combination Employment Authorization and Advance Parole Card (combo card), which serves as both an EAD and an Advance Parole Document. This card is only available for certain applicants with a pending Form I-485, Application to Register Permanent Residence or Adjust Status. If you travel outside the United States, you can present the combo card at a port of entry to seek parole upon your return.

U. S. immigration law requires passengers to present evidence of authorization to apply for admission or seek lawful entry into the United States before boarding a vessel or aircraft destined for the United States. Presenting a valid combo card will authorize a transportation carrier to accept you on board for travel to the United States, provided you return to the United States on or before the expiration date on the card.

Does EAD approval Mean green card?

An Employment Authorization (EAD) is a legal document issued by the USCIS, granting a holder the right to work in the United States for a specified period, typically one or two years. There are two categories of EADs: one linked to a green card application and the other independent of a green card. A green card-based EAD is issued to those whose green card application is being processed. While a green card covers both permanent residence and a work permit, processing time can be lengthy, sometimes taking over a decade.

To provide a legal avenue to work while waiting for their green cards, the USCIS can issue an EAD, which expires upon receiving their green card. Both green card and EAD applications can be submitted simultaneously, and a properly filed EAD application is processed within 60 to 90 days.

Does EAD approval mean green card?

An Employment Authorization (EAD) is a legal document issued by the USCIS, granting a holder the right to work in the United States for a specified period, typically one or two years. There are two categories of EADs: one linked to a green card application and the other independent of a green card. A green card-based EAD is issued to those whose green card application is being processed. While a green card covers both permanent residence and a work permit, processing time can be lengthy, sometimes taking over a decade.

To provide a legal avenue to work while waiting for their green cards, the USCIS can issue an EAD, which expires upon receiving their green card. Both green card and EAD applications can be submitted simultaneously, and a properly filed EAD application is processed within 60 to 90 days.

Can I leave the country after applying for EAD?

Traveling internationally before your OPT is approved and you have your EAD card is advised. If your OPT application is returned, rejected, or denied while abroad, you cannot re-enter the US in F-1 status to re-apply for OPT. If you need to return to the US, you may need to re-enter in another visa category (ESTA or tourist visa) to prepare for departure. It is important to note that responding to special requests from USCIS may be difficult, even with a friend checking your mail.

If your EAD card is received in the U. S. before your return, it is recommended to send a scanned copy via email. If you decide to travel, enter through JFK or Newark airport and request re-entry in F-1 status.

Should I keep my EAD card in my wallet?

To start your Post-Completion OPT (Operational Training Program) online, you will receive an invitation via email on your start date. If you don’t receive an invitation, submit a SEVP Portal Help request via MyISSS portal. If it’s over 10 days since starting employment, submit a Report New Employment request. Learn the Post-Completion OPT reporting requirements in FAQs. Keep your Employment Authorization Document (EAD) Card safe, as ISS doesn’t need a copy.

The 12-month OPT period requires all employment to be directly related to your program of study, and part-time work for at least 20 hours per week. Multiple employers can work for you, but all jobs must total 20 hours per week or more.

Can I stay in USA with EAD?

USCIS considers an applicant with a valid EAD based on compelling circumstances to be in a period of authorized stay by the Secretary of Homeland Security. If the applicant begins working based on the EAD, they will be in a period of authorized stay but will no longer maintain their nonimmigrant status. However, they generally will not accrue unlawful presence in the U. S. while the EAD is valid or if they filed a non-frivolous application on time.

Eligible applicants include those in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status, the principal beneficiary of an approved Form I-140, can establish that an immigrant visa is not authorized for issuance, and can demonstrate compelling circumstances justifying USCIS using its discretion to issue an independent grant of employment authorization.

Can I travel to PR with EAD?

Puerto Rico is a U. S. territory, so travel there is considered domestic. However, you must carry your Employment Authorization Document (EAD) and a valid passport, along with a copy of your I-485 receipt notice as proof of your pending application. You are still subject to U. S. immigration laws while in Puerto Rico, so it’s crucial to maintain your status and comply with work authorization and pending adjustment requirements.

If you have specific concerns or unique circumstances, consulting an immigration attorney may be beneficial. Justia Ask a Lawyer is a forum for basic legal questions, but any information sent is non-confidential.

What is my immigration status if I have an EAD?

An Employment Authorization Document (EAD) is a legal status that grants a person legal work authorization in the United States, but it has fewer privileges than a green card. It expires one year from the date issued and is renewable. Any alien with a valid EAD can be issued a Social Security number. Asylees are considered “work authorized incident to status” and can continue working lawfully even after an EAD expires, provided they have evidence of their asylee status.

Can I travel to India on EAD?

The USCIS allows travelers in H-4 status to travel without a visa, but advises against it due to potential delays due to RFE issues or fingerprinting. If accompanied by a lawyer or someone else, they can handle these issues and provide updates. If the change of status application is pending, traveling during this time is not a problem. However, if the old law still applies, traveling during this time will result in the application being considered abandoned and the I-765 being denied.

The government has stated that 90 days will be given to adjudicate the I-765 if both are filed simultaneously, but the time will continue until the H-4 is decided. The visa is not related to the H-4 EAD, and the individual does not need to visit the embassy. The government’s approach to adjudicating the I-765 is unknown.