H4 EAD renewal delays - what options do I have?

[UIIS_222]

Hello,

I had applied for H4 Extension on 5th July 2019. Gave biometrics on 12th July 2019. I also applied for H4 EAD extension on 13th September.
I had to travel to India in November and hence got my new H4 visa stamped. After coming back there was no update on either case.
I filed an expedite request on H4 EAD extension on 13th January, but it was denied without asking for documentation.
Now there is no update on either case. I had a few questions:

1. Now that I have H4 stamp, should I withdraw the H4 extension? Can it adversely affect H4 EAD extension?
2. Is the H4 EAD application still valid since I went out of the country and came back? 
3. If the current H4 EAD renewal application is valid, is it advisable to make another H4 EAD renewal application with all the documents in place?

Thank you!

[shekar11#]

On 1/14/2020 at 5:08 PM, UIIS_222 said:

Hello,

I had applied for H4 Extension on 5th July 2019. Gave biometrics on 12th July 2019. I also applied for H4 EAD extension on 13th September.
I had to travel to India in November and hence got my new H4 visa stamped. After coming back there was no update on either case.
I filed an expedite request on H4 EAD extension on 13th January, but it was denied without asking for documentation.
Now there is no update on either case. I had a few questions:

1. Now that I have H4 stamp, should I withdraw the H4 extension? Can it adversely affect H4 EAD extension?
2. Is the H4 EAD application still valid since I went out of the country and came back? 
3. If the current H4 EAD renewal application is valid, is it advisable to make another H4 EAD renewal application with all the documents in place?

Thank you!

1. No need to worry. It will automatically be voided when the officer works on your case.

2. You might get an RFE asking you send latest I-94 and stamped visa copy.

3. Not needed.

[User099]

1. Your H4 will be treated as abandoned as you left the country before it was adjudicated. 

2. I-765 will still be vaild.

3. No need. Check for the case processing times on the USCIS site and its beyond your processing date, you should be able to raise an SR. Which service center is it? Nebraska?

On 1/14/2020 at 5:08 PM, UIIS_222 said:

Hello,

I had applied for H4 Extension on 5th July 2019. Gave biometrics on 12th July 2019. I also applied for H4 EAD extension on 13th September.
I had to travel to India in November and hence got my new H4 visa stamped. After coming back there was no update on either case.
I filed an expedite request on H4 EAD extension on 13th January, but it was denied without asking for documentation.
Now there is no update on either case. I had a few questions:

1. Now that I have H4 stamp, should I withdraw the H4 extension? Can it adversely affect H4 EAD extension?
2. Is the H4 EAD application still valid since I went out of the country and came back? 
3. If the current H4 EAD renewal application is valid, is it advisable to make another H4 EAD renewal application with all the documents in place?

Thank you!

 

[UIIS_222]

@User099
thank you for your response.
The application is filed at the Vermont processing center and they are already processing some October and November applications.
Their processing time is given as 5 months to 7.5 months. 
At what time can we raise the SR? Can I raise it anytime after 5 months OR have to wait till 7.5 months are completed?

Also, according to the USCIS website, they say that I765 is abandoned when you travel outside on a pending I539. ( i have attached image below)
It also says, we will deny your application and you would have to file I765 again.
Given this, does it make sense to apply again?

I am confused due to this, any help is greatly appreciated.

[User099]

There is a date beside the timing "Receipt date for a case inquiry" which is June 13, 2019 as of today. Wait for this date to go past the date of your receipt number to open a case inquiry.

One of the primary requirements for the EAD to be issued is for the applicant to be in H4 status. Most likely you will be issued a RFE to submit proof that you are on H4 for the I765 to be adjudicated. You will need to respond to that with you H4 visa copy and latest I94.

I don't think you will need to apply again, but if you want to be 100% safe, you can apply again. It won't hurt your current case.