Can we(me and my dependent) travel to home country India and return back to USA in following situation.#workvisa #workvisa #workvisa #workvisa #rfe 1. My H1B extension got approved and my wife’s H4 and H4 EAD extension are still pending. I read that if we travel, H4 extension application will be abandoned and my wife has to get new H4 stamping at consulate based on my H1B approval notice. Is it correct? 2. What will happen to H4 EAD extension application that is under processing?
You have to be in the USA for the extension to process. It will be treated as abandoned as soon as the system figures out you left. EAD should be valid till original H4 validity date.
I have seen the above case with me and my friends directly. There isn’t much clarity about this. General advise is don’t travel or expect delays in h4. 1. Have a friend who did the same. His wife’s H4 was processed but since they were not in USA, they got a notice to report when they are back in USA. They came back hurriedly and responded to the notice . It took another 6 more months to get ead after that. 2. Had it happen to me because of an emergency. But then we came back before the h4 ead was processed and thankfully nothing happened. We got h4 ead. But note that we luckily came back before h4 ead was processed. 3. Had this happen to a friend who came back on time , but still got notice about h4 ead like case 1 above So general advice, if you have h4 ead pending and really need it, then don’t travel. If you travel then expect delays
Thanks for your reply. Isn’t H4 extension gets abandoned when we travel out of the country.
Ohh.. I was just talking about the h4EAD only. Not h4 extension. Sorry for the confusion. I don’t know much about h4 itself, but from what I know, during visa extensions you must be present.
I was in same boat and here is what we did 1. My h1b was approved and stamped, wife's h4 and h4ead was pending 2. Wife's h4ead fingerprinting was done, if not it's advisable to wait for this 3. We got her h4 stamped while in India 4. Her h4ead continued to be processed and She got her h4ead in due time. She was in USA before her h4ead was delivered but I dont think it mattered. I also check with attorney and the only question was to make sure we finish fingerprint appointment Missing fingerprint appointment would rest in serious consequences including h4ead application being abandoned. Hope this helps.
H4EAD has no biometric requirement. Are you sure you are not confusing "H4 Extension" with this?
Did you travel to India?
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I am in the same boat!