Does traveling outside US cancel existing H4 extension (I-539) application

Hello,

My wife and kids H4 extension is pending and we travelled to India and came back to US recently. Now my wife and kids got I-94 validity less than mine due to short passport expiry.

Do we have to travel to mexico border for I-94 extension now or they can stay beyond I-94 based on pending I-539 application?

I checked the case status online on USCIS website and it still shows the case status as “received” and not “cancelled”, so wondering if USCIS will continue to process the case or not?

Thanks,
Chandra

No need to go to CBP for I94 extension of you have already applied for H4 extension of status.

Thank you Kalpesh.

Just wanted to confirm, this H4 extension was applied before H4 went outside US and came back. Will that extension still be processed by USCIS?

Asking since I read somewhere that pending H4 extension is cancelled as soon as H4 travel outside US.

Thanks,
Chandra

Change of status application are considered as abandoned and denied if the beneficiary travels outside the US however extension of status application is not impacted and may keep processing while the beneficiary travels outside the US.

What is the expiry date for the I94 issued by CBP?

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Thanks Kalpesh.

I94 is valid till this November 2022. H4 extension was filed in Sept 2021.

So would you suggest waiting some time for result of H4 extension ?

Thanks,
Chandra

As you have a pending EOS application for H4 dependents, you can wait for the decision.

Thanks Kalpesh.

I had confirmed with my company attorney and they also suggested that we don’t need to go to land route to update I94 since extension is pending.

And yesterday, we also received approval for my dependents H4 extension.

Thanks,
Chandra

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