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H4 applicant has to be present in the US CONTINUOUSLY when applying for HEAD ???

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  • H4 applicant has to be present in the US CONTINUOUSLY when applying for HEAD ???

    Mr Shah -

    My H1 expired and hence I moved to Canada and started working there, and I got my H4 in the meantime. So I work on weekdays in Toronto and come back every weekend to be with family in NYC. Again the reason I went to Canada was because I expired by H1 and so I started working in Canada to take care of the 365 days cooling period to get another H1 after 365 days.

    In my case my wife has her i-140 approved. So I plan to file H4EAD -

    In order to apply the H4EAD it states that the h4 applicant has to be in US while applying, but does not state that the H4 has to be in the US continuously. So in my case will I be considered if I apply for H4ead and send the application while I am in US? Since I am constantly under transit between US and Canada every week (working over weekdays in Toronto)? And it’s not like I am staying put in US the whole time?

    Please advice.

  • #2
    You don't have to be continuously but I will recommend waiting for the approval before you leave to Canada since from our experience most of our cases are being approved in 2 to 3 weeks. See
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