Travel While H4 EAD Pending (H4 Ext, COS Abandon, New Stamp)

Travel While H4 EAD is Pending is allowed. Pending H4 extension or COS may be abandoned, H4 EAD may receive RFE to prove H4 status by sending new i94.

Anil Gupta
  By Anil Gupta    Updated  4 Aug, 20


Can I Appear For H4 Extension Biometrics In India?

The H4 extension biometrics can only be taken in the USA at this time.
This H4 extension is filed using form i539 without leaving the USA.

Biometrics in the USA are taken by USCIS and fingerprints outside the USA are taken by the Department of State (at US embassy). They do not share their data with each other at this time.

The same rule applies to F1 and L2 biometric appointments in the USA.

Can I travel While H4 EAD is pending?

You can travel out of the country while your standalone H4 EAD application is pending with USCIS.

Note that H4 EAD can be denied if your H4 COS or an extension is also pending with the EAD application.

What is the Risk of travelling While EAD is pending?

USCIS may send an RFE to ask for H4 status or request an updated H4 i94.

Some people have received H4 EAD RFE to prove H4 status and submit a new i94.

I would advise you to travel internationally like India if someone in the USA (like husband or family) can receive the notices from USCIS and respond if required.

In a normal scenario, you do not receive RFE or need to visit the application support center for H4 EAD. But, if you do, you will have to come back to the USA.

H4 COS, EAD Pending

USCIS will abandon your H4 COS application immediately as you step out of the US and will also deny your H4 EAD application.

You should wait for H4 COS approval and then you can travel while H4 EAD is pending. 

It does not matter if you are going to re-enter on H4 visa. The simple rule is that the COS application is abandoned as soon as you leave the USA.

The better, faster and my recommended approach:

  1. Travel to Mexico or Canada to get an H4 visa stamp as it is faster than H4 Change of status processing time in the USA.
  2. Enter the USA using an H4 visa stamp. This saves time as you get on to H4 status immediately on re-entering the USA.
  3. Apply H4 EAD after entering the US to get EAD approval within 3-6 months. No biometrics appointment required for standalone H4 EAD application.

Traveled Outside USA, Re-Entered with H4 Visa Stamp

If you did travel outside the USA while H4 COS was pending and now entered using your H4 visa, you should file a new H4 EAD application.

The old H4 EAD application can be left under processing if it is still pending.

You may or may not receive approval for pending H4 EAD. Some people have received approval but for others, an RFE has been issued to prove H4 status.

As per the official rule, the USCIS can (it varies) deny the H4 EAD application as you abandoned your H4 by traveling outside the US.

H4 Extension is Pending

Your H4 extension may be automatically abandoned by USCIS if you travel while it is pending.

H4 extension is filed to get a new i94 when the person does not want to travel out of the US. The whole purpose is lost if you travel after filing an H4 extension.

Basically, H4 is a dependent visa and does not need a petition approval like an H1B does. Hence, you do not need H4 i797 to get a H4 visa stamp in passport.

There are two ways you can get H4 extension:

USCIS will not issue a new i94 even if they approve the H4 extension. You should get a new H4 visa stamp from the US embassy.

The embassy will take your Biometric fingerprints.

Extension + H4 EAD Pending

Your pending H4 application should be withdrawn once you re-enter the USA. Pending H4-EAD will most probably get an RFE to prove your H4 status.

At the time of this RFE, you can submit your new H4 i94 and H4 visa stamp.

Source: USCIS


Liked this Page? Did it help?
Buy Us Coffee on PayPal
Join AM22Tech Prime


Author

Anil Gupta
  By Anil Gupta           

Comments are closed. Start Discussion on Forum