Will the H4 EAD application denied if the person is out of USA while it is in process?

[Gowri Karrothu]

We have applied for H4 extension for my wife and kids and H4-EAD renewal for my wife. Both of them are in progress and we didn't receive the approval yet. However they had to travel to India due to personal reasons. Since they are in India, I have learnt that my family can appear for H4 visa interview even the H4 application in progress and the existing H4 application will be automatically abandoned. But what happens to my wife's H4-EAD application. will that also be abandoned? Please advise.

[Prabu.bloomi]

any update?

[bob_immi]

On 12/25/2018 at 12:44 PM, Gowri Karrothu said:

We have applied for H4 extension for my wife and kids and H4-EAD renewal for my wife. Both of them are in progress and we didn't receive the approval yet. However they had to travel to India due to personal reasons. Since they are in India, I have learnt that my family can appear for H4 visa interview even the H4 application in progress and the existing H4 application will be automatically abandoned. But what happens to my wife's H4-EAD application. will that also be abandoned? Please advise.

Interested to know answer to this query. Appreciate if anyone can answer.

[JoeF]

An H4 EAD will only be processed when the person is in the US in H4 status.

[pontevecchio]

This would not seem to be true. See this reply by a Murthy lawyer to one of the earlier posts.

1. "An H-4 Extension of Status is Not abandoned by the applicant's departure. Under the law change of status applications are abandoned by a person's departure from the United States. Under the law, an extension of status application is not abandoned by a departure from the United States. Consequently, the application for the EAD should also not be impacted"