Travel outside when H4 extn and H4 EAD pending

[vp1984]

Hello!!
I have a valid H4 and H4 EAD until September 2017. We applied for a H1B extension + H4 extn + H4 EAD renewal all together with my wife's H1B extension application on March 22nd in Premium and only her H1B is approved and both my H4 and H4EAD extensions are showing as "Case Received" . However I need to travel outside on Jun 22nd and be back on July 14th as I have a valid H4 Visa until Sept 2016.
My question is, If I go to India and Get a fresh H4 Stamping based on my wife's H1B approval and come back into US I know the i-539 (H4 extn) will be cancelled as I have a new H4 stamp but what happens to my pending i-765 (H4-EAD renewal) Application that was applied on March 22nd? The wait time is huge for i-765, so want to make sure my travel outside will not impact the pending i-765 and thereby jeopardize my current job. 

Please advice.

[vp1984]

Hello Gurus,

Please if anybody gone through or knows someone who went through this situation please respond.... My travel is coming up on June 22nd... Please help.

[pontevecchio]

"While Waiting for USCIS to Adjudicate Your Application for Employment Authorization (Form I-765)

1. Can I travel while my Form I-765 is pending?

You may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 nonimmigrant visa. However, traveling outside of the United States could cause delays in your case. While you are outside of the United States, we may need additional information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny (NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence (RFE) or to the NOID, we may deny your case as abandoned. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center.

Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as abandoned if you travel abroad while your Form I-539 is pending. In this case, we would also deny your Form I-765.

If you choose to depart from the United States before your pending change of status application is approved, we will deny your Form I-539 and Form I-765, even if you are re-admitted as an H-4 nonimmigrant.  In such cases, after being admitted into the United States as an H-4 nonimmigrant, you will need to a file a new Form I-765."

You would seem to be fine for travel.

 

https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses#_While_Waiting_for

 

[vp1984]

3 hours ago, pontevecchio said:

"While Waiting for USCIS to Adjudicate Your Application for Employment Authorization (Form I-765)

1. Can I travel while my Form I-765 is pending?

You may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 nonimmigrant visa. However, traveling outside of the United States could cause delays in your case. While you are outside of the United States, we may need additional information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny (NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence (RFE) or to the NOID, we may deny your case as abandoned. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center.

Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as abandoned if you travel abroad while your Form I-539 is pending. In this case, we would also deny your Form I-765.

If you choose to depart from the United States before your pending change of status application is approved, we will deny your Form I-539 and Form I-765, even if you are re-admitted as an H-4 nonimmigrant.  In such cases, after being admitted into the United States as an H-4 nonimmigrant, you will need to a file a new Form I-765."

You would seem to be fine for travel.

 

https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses#_While_Waiting_for

 

Thanks for the response!!!

I read the same in USCIS website .. But my worry is that , they have discussed about concurrent filing of h4 and h4 ead and that they will abandon both in case of Change of Status but they haven't said anything about concurrent filings for Extension of status.. they have just discussed about the i-765 and what they will do when we travel out.. So as you said I assume in this case they will abandon my i-539 petition for extension but not the i-765 for h4ead for renewal. 

[vp1984]

I also checked some other forum like Avvo and others, looks like even the attorneys are not sure and not giving a concrete answer. Based on the USCIS claim above 1st paragraph it is ok to travel when you have a valid H4 and i-765 pending but on other hand few ppl say when they make i-539 as abandon they will do the same for i-765 as well. So not sure which one to believe... Any attorneys or paralegal over here please please please help me in this regard. Its my daughter's first religious ceremony and I don't want to miss it :( Any other idea to travel and still not jeopardize my H4 EAD, please let me know.

[ST1982]

On 6/8/2017 at 1:48 PM, vp1984 said:

I also checked some other forum like Avvo and others, looks like even the attorneys are not sure and not giving a concrete answer. Based on the USCIS claim above 1st paragraph it is ok to travel when you have a valid H4 and i-765 pending but on other hand few ppl say when they make i-539 as abandon they will do the same for i-765 as well. So not sure which one to believe... Any attorneys or paralegal over here please please please help me in this regard. Its my daughter's first religious ceremony and I don't want to miss it :( Any other idea to travel and still not jeopardize my H4 EAD, please let me know.

Hi VP1984 - Can you please let me know what happened with your i-765 in your case as i am in same situation as yours.