USA H4 EAD Application when dependent is outside of the US

Hello All,

My wife is on H4 Visa. She has entered in the US while traveling to Canada on H4 visa and exit the same day. Her I 94 record shows her admission in the US on H4 visa and her H4 visa validity is till next 1.5 years. Now, she is planning to apply for her EAD and we have all the documents to apply for the same including my I140 approval. I checked USCIS website and it doesn’t say anything if the dependent needs to be in the US while applying for the H4 EAD while the application is sent from the US. We have all the documents listed on USCIS website which are required for filing the H4 EAD but are confused as some of the places say that we cannot apply it while H4 applicant is outside of the US.
I was visiting Canada and I got the signed I765 application from my wife and all the rest of the documents which I can send from my home location in the US.

Hence, wanted some reference to the documentation from USCIS which I can refer to for this. Need help on this ASAP.

Ankit Kohli

H4 is eligible for EAD if have a valid I-797 and the last entry was on H4 status, albeit subject to other primary H1B requirements.
Below link doesn’t say H4 has to be present in the US. You can go ahead and apply , at most USCIS may send RFE but generally speaking, EAD should get approved even if the applicant is outside the US.

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