H4 & H4 EAD Related Questionnaire


I have below questions for which I am seeking your inputs. Appreciate if you can share your thoughts.

I had an approved H1B, I140 petition and my spouse had an approved H4 petition. In parallel I filed for EAD (I765 application) as a standalone with USCIS and the application is currently pending for approval.

After being 180 days on approved I140 I changed employer and joined an another organization. My new employer filed for H1B in premium and was approved. My new employer also filed H4 (I539) petition which is currently pending for approval.

Currently I have an H4 EAD (I765) filed in August 2022 with Nebraska Service center and new H4 petition filed in Nov 2022 with Texas Service Center pending for approval.


We need to travel to India in May of 2023 and wanted to get your inputs on below questions if the H4 & H4 EAD are still pending with USCIS at that point in time.

Question 1:
Will the H4 petition be rejected as we travel to India while the H4 (I539 petition) was still pending ? Do I need to request my company attorneys to withdraw the H4 petition before I travel on vacation to India ?

Question 2:
Will the H4 EAD application be rejected if my spouse travels to India while it is pending for approval ?

Question 3:
Does withdrawing H4 petition due to my upcoming travel plans have any bearing on the outcome of H4 EAD petition (like the petition being rejected due to travel purposes while it was pending with USCIS) ?

Kindly share your thoughts.


Extension of status application may keep processing when the applicant travels outside the US.


No. Though make sure you submit the H4 I-94 issued by CBP when you enter back, to the USCIS center processing the EAD.

If you withdraw H4 , EAD will be denied.

1 Like


Really appreciate your inputs!!