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Leaving U.S. before EAD is approved?

Post by GwaQSbfg on 31 Dec 2013

Currently I have a H4 Visa. It will expire in 2015.

I need to go back to China for an emergency right now. I already filed 485, and I’m waiting for AP/EAD. I need EAD for work, but not so much for AP.

I asked two attorneys and got different answers.

One of them said that if I leave before AP/EAD is approved, then it automatically means that I gave up the application.

Another one said that H1/H4 is an exception, so I can leave and it will have no effect on my application.

Which answer is correct?

Thanks!