My H4EAD application (based upon approved i140 for my H1B spouse) is currently pending with USCIS and was filed in Dec 2021. My spouse is planning to take leave from his current employment and move to our country till the time our EAD gets approved and then join back once the EAD is approved. The employer will not revoke his H1B petition.Will USCIS continue to adjudicate the EAD application on its’ merit or will it be rejected or invalid because of the loss of H1B employment. Both me and my spouse will not be in US during this time.
Will the H4 EAD application under review by USCIS remain valid if my spouse takes a break from H1B employment
EAD application may keep processing while both primary H1B and H4 are traveling outside the US. In your case as the employer will not terminate the H1B, I dont see any issue with processing of EAD.
Make sure someone can receive your mails while you are gone.