H1/H4/H4EAD with travel


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I am confused as to an upcoming travel with my H1/H4/H4 EAD extension during the same time. Here is my situation.

We both have valid stamping until April 2022. We are planning to apply H1/H4/H4EAD extensions in October but we need to leave to India in Nov. Plan is to return in January. I am planning to have my H1 extension in PP so I will get the new I-797 in hand before I leave. If we both get stamping date Before we return , it fine else we would like to return in Jan 2nd week (Before our VISA expires) with new valid I-797(until Apr 2025).

In this case what would happen to my wife H4/H4 EAD. Wouldn’t her H4 be extended at port of entry until April 2025? I see some say h4 extension would be abandoned and she might not get new I-94 at POE using the new I-94? Pls help in clarifying this


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In your case, it is advisable that only you apply for your H1B extension in PP. Since your spouse already has a visa stamp till Apr 2022, she does not even need to appear for stamping in India....(in fact neither do you if you are planning to return in Jan). When you return back to to US, you and your spouse will present your H1 extension I797. You will be admitted as H1 and your spouse as H4 upto the end of your extension. Then you can go ahead and apply for a H4 EAD for your spouse.

If you do apply for H4 and H4 EAD before you leave, both applications will be deemed abondoned if your spouse leaves US before they are approved

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