Can spouse travel outside USA while H4 EAD is in progress and come back to USA once H4 EAD is approved.


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Hi Team,

I am on H1B visa with approved I-140. My spouse has travelled to USA on last week of April on H4 visa which is valid till 19-Jan-2025 and her first time H4 EAD was applied on 23rd May 2024 (receipt number not yet received). She has to report back to work in India on first week of July 2024 . Can she travel to India while her H4 EAD approval is in progress and return back to USA once her H4 EAD is approved. I will be here in USA if in case of  any RFE.. 

I am also going to submit for H1B+H4 extension next month and can i file H4 EAD once again along with H1B+H4 extension (so that H4 EAD approval validity will be for longer time beyond 19-Jan-2025). If yes, what will happen to H4 EAD case applied on 23-May-2024

Thanks

Harish

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Your spouse has to report to work in 1st week of July. This cannot be avoided.

No point in submitting for H1b + H4 extension next month, as your spouse will be then in India.  Once you get your H1b extension approval, your spouse can go for H4 stamping and come back to US after January 19, 2025.  Make sure her passport has enough validity (one plus year) to accommodate new I-94.  Good Luck.

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