My H4 Extension of Stay and H4EAD application was filed in Dec’2022 along with my husbands H1B application (Premium Processing). I am planning to travel to India pending the adjudication of my application. My current visa is expiring in Sep’2023. I have the stamping appointment scheduled for Feb’2023. My question is.:
- I have been advised that if I travel outside US pending the adjudication of my currently filed H4 EOS and H4 EAD applications, then most likely USCIS will issue a denial or RFE on my current application. To avoid this, my question is can I withdraw my H4EOS and H4 EAD application filed with USCIS?
My idea is to travel, re-enter the US and then file the H4EAD application as a standalone application. Since I am unsure about the timeline when USCIS issues its decision, I fear the risk of loosing my EAD in Sep’2023., if I don’t hear anything from USCIS by then. The benefit of withdrawing application I see is at least I gets 540 days H4EAD extension based on receipt notice and the chances of my EAD getting lapsed gets minimized.
- There are articles where it states that USCIS has reached a settlement to adjudicate H4 and EAD application together with H1B if filed concurrently under premium processing on or after Jan 25, 2023. Since my application was filed prior, will this apply to my case as well?