Niroop Posted February 4, 2020 Report Share Posted February 4, 2020 01-15-2020 Prior H1B expire date. 11-03-2019 Filed H1B premium , H4 and H4EAD extension all together (2 months prior to expiry). 11-22-2019 New H1B approved (with new validity of 09-25-2022). 12-12-2019 H4 finger prints submitted in Detriot as per given appointment. Waiting for approval of H4 and H4 EAD I asked my employer's lawyer if Me, my wife and son can travel to India while H4 and H4 EAD are in processing and below is the reply. "While the H-4 and EAD applications are pending, if the Applicant travels, USCIS will consider those applications abandoned. While you could attend stamping for H-4 status to match the H-1Bs status before you return, you would have to reapply the EAD upon re-entry to the country." Is that true that I have to reapply EAD if I go to India? I want to go to India so as to expediate H4 approval and my wife can work again. Quote Link to comment
User099 Posted February 5, 2020 Report Share Posted February 5, 2020 Since this is an extension of stay, H4 and H4 EAD will not be abandoned then you travel. Getting an H4 visa and traveling back will not expedite her EAD petition. I was also under the impression that the H4 and EAD will be abandoned but one of the attorney's corrected me. Quote Link to comment
Attorney_15 Posted February 18, 2020 Report Share Posted February 18, 2020 While I do not know if this will in fact work, if someone does travel outside to get the H4 Visa stamp, upon re-entry, one would probably also want to send a copy of the H4 I-94 Card to USCIS in connection with the I765 to let them know that the EAD applicant actually has H4 status. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.