H4EAD travel to India - outdated visa stamp


amerind

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There are multiple questions on this already, but the responses I see are usually a copy paste from USCIS FAQ and don't seem to address an underlying issue mentioned in the USCIS FAQ. 

 

Background-

Wife's H4 EAD expired and we got out H1/H4 extension papers and we are planning to file for H4EAD extension. Wife's H4 visa stamp expired two years ago. Wife wants to travel to India while H4 EAD is being processed.

 

Question:

As per USCIS FAQ, travel outside is permitted with restrictions - quote from FAQ page- "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".

 

As far as I understand, the I-539 applied for dependents extension is merely an extension of I-94 which becomes invalid the moment the person leaves the US. So, between the time my wife leaves the country and gets the new H4 stamped ( probably 2 weeks gap ), she is technically not in valid H4 status ( no stamp / I-94). Does this go against the requirement for H4 EAD extension which mandates valid H4 status?

 

Has anyone applied for EAD extension and travelled to India without valid H4 stamp and then returned to US after getting a new H4 stamp and got their EAD approved?

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