Spouse - Travel outside US while H4 extension and first time H4 EAD applications are pending.


tejuo

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Hello,

I am on a valid H1 visa and applied for my spouse’s H4 extension and first-time H4 EAD application and at this time we only have the receipt notice (dated July 14 2020) from USCIS for both the H4 Ext and H4 EAD applications. Currently waiting to hear about the biometrics appointment.

  1. I want to know if my spouse is allowed to travel to India (planning to travel in April 2021 for a month) while the H4 Ext and H4 EAD are pending?
  2. Can she get a new H4 visa stamped in India and if that would abandon the pending H4 Ext.? 
  3. How about the pending H4 EAD? Would that be abandoned as well, and do we have to reapply for it once she returns on new H4 visa? Or updating UCSIS with the new H4 I-94 upon return would keep the pending H4 EAD application valid?

 Please let me know if you need any further details. Thank you for your assistance!

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