Travel to India while H4 and H4 ead is pending for approval

[SriBablu]

Hi, 

Can you please help with following questions 

The principal H1b is approved but the H4 and H4 Ead are still in process.

1) If we travel and go for stamping in india can we get H4 visa 

2) Will it cause an issue as we have pending H4

3) Any impact to H4 Ead

Thanks

[pontevecchio]

1. Yes

2. NO

3. This is a grey zone.

[visa@Vancouver12]

Hi,

If you/your spouse travel to India now, there are high chances that they may reject your H1-H4 change of status citing that the applicant is not in the country while there is a pending change of status.

once that is rejected, they will then put a hold on the H4 EAD application saying that since the applicant is not in valid status/visa (in this case H4) they cannot approve the H4 EAD and will give some time (may be 1-2 months) to provide the appropriate documentation that shows the applicant is in H4.

believe me I faced the same situation.

Thanks

[spratt]

Hi,

When you say that "they may reject your H1-H4 change of status" -> you meant only H4 or even there is a chance for H1 rejection? I'm in same situation and planning to travel this weekend.

 

[vp1984]

He never mentioned about H1 to H4 change of Status.. H1B is approved and H4 and H4 EAD is pending and his what will happen to his H4 EAD petition if he travels outside US and gets stamping in India for H4 and comes back.. Will the H4EAD petition be still valid or not.

[Meenu12]

Hi Sri Bablu,

What happened to your H4 EAD petition while you traveled outside US ?Was it valid when you came back or you had to reapply for an new H4 EAD?

 I am in the same boat and unsure of whether I should cancel my upcoming vacation and wait for approval of H4 extension and H4 EAD  while in US, OR visit India and get H4 stamped in India. I do not know what would happen to my H4 EAD petition in this case.

Any help/input from senior members will be highly appreciated!

Cheers

Edited November 18, 2017 by Meenu12

[chenghis]

Why people (most of the cases initiator of the topic) wouldn't update the end result or their personal experience ? it'll help others a lot. ☹️

[chenghis]

i believe this clears all/most doubts. Directly from USCIS website under FAQ section. 

https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses#_While_Waiting_for

While Waiting for USCIS to Adjudicate Your Application for Employment Authorization (Form I-765)

1. Can I travel while my Form I-765 is pending?

You may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 nonimmigrant visa. However, traveling outside of the United States could cause delays in your case. While you are outside of the United States, we may need additional information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny (NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence (RFE) or to the NOID, we may deny your case as abandoned. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center.

Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as abandoned if you travel abroad while your Form I-539 is pending. In this case, we would also deny your Form I-765.

If you choose to depart from the United States before your pending change of status application is approved, we will deny your Form I-539 and Form I-765, even if you are re-admitted as an H-4 nonimmigrant.  In such cases, after being admitted into the United States as an H-4 nonimmigrant, you will need to a file a new Form I-765.

[Provence]

1 hour ago, chenghis said:

Why people (most of the cases initiator of the topic) wouldn't update the end result or their personal experience ? it'll help others a lot. ☹️

Kind of a similar reason someone asked a question here and you chose not to respond.  Majority of forum posters disappear after one or a few initial posts. 

[Vedha]

Hi Bablu, did you travel to during H4 and H4-EAD cos pending? What happened then can you please explain. I'm in a similar situation. Please reply

[Vedha]

Hi Visa @vancouver12, did you travel while H4 and H4EAD are pending COS? Can you please explain what happened after? Did you reapply for H4 EAD? 

Thanks 

[Vedha]

Can anyone in this forum travelled out of country while H4 and H4-EAD COS are pending? If yes please explain what happened after

Any leads would be greatly appreciated