H1B tranfer pending - travel Related Question

USA H1B
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1

Hello Anil,

My husband’s H1B transfer is in progress from Company A to Company B.
Along with his H1B, my H4 and H4-EAD was also filed in premium in the same packet. However RFE was issued on H1B on AUG 23rd and company B is yet to respond to RFE.

We have travel plans to Europe from NOV 18 to DEC 3rd. We applied in premium in August, so that there will be enough time for this trip. However the attorney is taking lot of time to respond and hence transfer is still in pending status due to RFE.

My husband has H1b Stamping from company A is until June 2025
Myself have H4 stamping valid until June 2025 and also have a H4 EAD card valid until June 2025.

NOTE - My husband is NOT working for company B yet. He said he will only start working for company B after the transfer is successful

Questions:

  1. If his H1B transfer is approved before travel date and my H4 is still pending. Can I travel to Europe along with my husband and re enter in to USA with my existing stamping and still work on H4 EAD?
  2. I read in one of the topics that when we travel outside of USA while H4 and H4 EAD applications are still pending those applications will be cancelled. Is that True ?
  3. If yes, what happens to my existing H4 EAD card which is valid until June 2025. Will I be able to continue to work on existing EAD card

Could you please advise what are our options.

Thank you in advance.

2

  1. If you travel while H4 is pending, they will most probably deny the H4. In some cases they do approve it also. Its 50-50 chance.

  2. If you have H4 visa stamp in the passport, then you have no need to worry as when you renter using H4 visa, you will get H4 status even if the pending H4 is pending or denied at that time.

  3. Existing card will stay valid and can be used as long as your most recent i94 shows H4.

3

Thank you So much for your reponse.