Impact on H4 EAD processing if travel to India while H4 petition is pending

Hi,

My spouse H4 and H4 EAD petition is pending with USCIS. She is planning to travel to India now, and get her stamping done there. While I understand her H4 petition will be cancelled , I want to understand impact of this in her H4 EAD processing and what extra document I need to provide to USCIS so that her H4 EAD process will not be delayed.

Thanks,

While the beneficiary travel outside the US during a pending extension of status application, it may not be treated as abandoned and USCIS may keep processing unlike the change of status which gets treated as abandoned if beneficiary travels outside the US while it is being processed and may get denied.

If your EOS gets approved after you travel back with visa stamp, you will end up with two I94s ( one attached to I-797 and another issued by CBP at port of entry) with different numbers. This is not an issue as such and do not impact your status. It can be fixed by traveling outside and entering back.

The above also means that H4 EAD may get approved based on H4 approval.

Hi @Kalpesh_Dalwadi , My spouse H4 is pending so if she travels her h4 gets abandon… do you think this will become reason for H4 EAD denial.

If the H4 gets denied, USCIS may send RFE to submit the passport visa page with the I-94 issued by CBP if the H4 EAD is adjudicated after your spouse enters the US. If H4 EAD gets denied without RFE you can do MTR and provide the above documents to USCIS so they can approve the EAD.