Travel to India while H4 Extension & EAD are in process?

[SKP73]

I have a question regarding my spouse’s pending h4 extension and EAD. Below are our case Details.
Aug 9th 2019 - Applied for H1 + H4 + EAD
Sept 7th, 2019 - Got done with the biometrics for my spouse.
Oct 9th, 2019 - Got my h1 approval(Upgraded to Premium) but my spouse’s H4 and ead are still pending.

Now we have a travel planned for dec 28th. Planning to get h4 stamped in dropbox back in india? Do you know what would happen to pending H4 & EAD applications when we travel out of U.S? We are most concerned about Pending EAD application

[User099]

Your H4 application will be canceled and EAD will still be processed. But make sure you are in the country by the time it comes up for adjudication. I think its take min of 5 months now for I-765 applications.

[mkishorreddy]

Hi, 

I am also in same situation. 

my H1B was approved and H4&EAD was in pending status and have travel plans to India on Feb 2020. 

1) Can H4 travel to India while application  is in pending?

2) Any issues in filling DS160?

3) Current H4 be cancelled?

4) EAD will still be active or have to file with H4 I-94?

 

[TRC2017]

I am also waiting for answers to the above questions.

Any help will be appreciated.

[TRC2017]

On 12/3/2019 at 11:31 PM, User099 said:

Your H4 application will be canceled and EAD will still be processed. But make sure you are in the country by the time it comes up for adjudication. I think its take min of 5 months now for I-765 applications.

Thanks.

After we apply for H1 extn+H4 (Spouse & Child) and H4-EAD extensions, what happens if H1B applicant and H4 child still in US and only Spouse H4 travels outside of US?

1. Child's H4 still gets processed?

2. Spouse's H4 still gets processed?

Thanks

[User099]

8 hours ago, TRC2017 said:

Thanks.

After we apply for H1 extn+H4 (Spouse & Child) and H4-EAD extensions, what happens if H1B applicant and H4 child still in US and only Spouse H4 travels outside of US?

1. Child's H4 still gets processed?

2. Spouse's H4 still gets processed?

Thanks

I don't know what would happen in such a scenario when the primary applicant will abandon their application, will the child's application will be still processed?

But if you have such plans, filing the 2 applications separately might be a better idea.

[JoeF]

H4 COS will get denied if the person is traveling abroad. There is no status to change if a person is abroad. A person by definition has a status only while in the US.

The spouse would have to get an H4 visa at the consulate.

[Prashant999]

Hi, I have a question on the above topic.

Me and my wife were on F1 and F2 respectively, recently I got H1B approved and my wife's H4 change of status petition is pending with USCIS. My wife is planning to do her master in US and get F1 visa in India. I have some questions on that.

1. Can she travel alone to India while her H4 COS pending? What happens to her H4 application? 

2. Can she apply for F1 at US consulate in India given her H4 COS is applied and yet to receive an approval?

3. What are her chances for F1, is it going to be different than an case who is first time applying for US visa (with respect to the odds of approval)?

4. Case 1: H4 is approved before leaving US for India but F1 is denied by consulate? Case 2: H4 is not yet approved and F1 is also not approved by consulate? Case 3: Any issues if her H4 COS in process and she go for an F1 interview? What are her options in above 3 cases?

Edited February 17, 2021 by Prashant999