Applying New H4 EAD while H4 Extension is Pending and travelling to India

Hello,

I applied for H4 Extension for my wife based on my approved H1B notice in August 2021 and it is still in pending status.

My wife wanted to travel to India for 6 months.

So we wanted to apply H4 EAD so that by the time she comes back EAD may be approved.

  1. What happens to Pending H4 EAD if she goes to India?
  2. What happen to Pending H4 Extension if she goes to India? She needs to go for stamping in India with my H1B approval notice. So Whether existing H4 Extension will be voided.
  3. Any recommendations on whether to apply H4 EAD or not?

Thanks for your help!!!

Thanks
Praveen G

It will keep processing.

Ideally EOS is denied if the beneficiary is not present in the US at the time of adjudication
That said, there have been cases where EOS is approved even if the beneficiary wasn’t present in the US.
If the EOS is approved after your spouse enters the US based on new visa, there may be a mismatch in her I94 issued by the CBP at POE vs the one attached to the I-797 approval notice.

This does not impact her status in the US and can be fixed by travelling to Mexico border by land and using the I797 EOS approval notice for new I94 at CBP.

If you want to save time you may apply now or wait to apply when your spouse is back and use premium processing which should be available in near future.

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Thank you so much Kalpesh for your suggestions on this.