Home » US Immigration - Visas » H4 Visa » Travel out of US with H4 Extension, COS or H4 EAD Pending – Options?

Travel out of US with H4 Extension, COS or H4 EAD Pending – Options?

Since the introduction of New I-539 form, Biometrics Process by USCIS, earlier this year, it has been a long wait for many of the H4 visa holders, who are waiting for their H4 extensions and H4 EAD approvals. Previously, when H4 extensions and H4 EAD were filed along with H1B petition in premium processing, as a courtesy USCIS was giving approvals of H4 and H4 EAD along with H1B within 15 days, but this has changed with the new biometric process. Many of our users shared their experiences of H4 Extensions, with EAD and Biometrics Processing, where they are waiting for over a month since their biometrics for the approvals.  Some of them have planned travels and not sure, how the whole thing would pan out. In this article, we will review various scenarios and options tied to travel with H4 Extension, H4 Change of Status (COS) or H4 EAD pending.

Travel is something that can be inevitable at times and first thing we need to understand is, can you travel out of US, if so, what are the consequences. Sometimes you may have travel after applying H4 Extensions or COS, sometimes you may have to travel after applying for H4 EAD only. Let’s look at all of the combinations.

Can you Travel out of US, when your H4 Change of Status (COS) is pending?

Yes, you can travel out of US, when your H4 Change of Status is pending. But, the most important thing to understand is that your H4 COS application filed with USCIS using Form I-539 would be considered abandoned and subsequently denied, if you leave US when it is pending.

Can you Travel out of US, when your H4 Extension is pending? I-94 Mismatch.

Yes, you can travel out of US, when your H4 Extension is pending. There is no official reference given by USCIS on how they will handle extension petitions with travel, but based on experiences shared by users, H4 Extension have not been abandoned and continued to be processed. The key thing is, when you re-enter US and go through Port of Entry Procedures the CBP officer will give you new I-94 and that number would be different from the H4 extension that you received with USCIS. You may have issues with the I-94 mismatch at DMV when trying to renew license or other things as it uses SAVE Database. You will be considered in status and everything will be fine, but the only issue is with I-94 mismatch. You may need to travel again and re-enter to fix this issue. We had few users report that their H4 was processed even though they left the country and it was adjudicated, but the I-94 number was different.

I am on H4 Status in US and filed H4 EAD only. Can I travel out of US, when my H4 EAD filed with form I-765 is pending?

Yes, you can travel out of US with your H4 EAD in pending status, provided you meet all the H4 visa requirements to re-enter US.  But, traveling outside of US may delay your H4 EAD processing…Let’s say, if USCIS requests for more information regarding your EAD application and issues an RFE or a Notice of Intent to Deny(NOID) and if you do not respond on time for RFE or NOID with the required information requested by USCIS, they may deny your H4 EAD by considering that it is abandoned.  Check below screenshot from USCIS website regarding the same.

Travel with H4 EAD Pending

Can I travel outside of US when H4 Change of Status (COS) filed along with H4 EAD is pending with USCIS? ( H4 COS + H4 EAD )

Yes, you can still travel out of US, but your H4 Change of Status will be considered abandoned and subsequently denied. As your H4 COS is denied, your H4 EAD application will also be denied.    Check below exact official text from USCIS website.

H4 Extension or COS Filed with H4 EAD Pending with US Travel outside of US

Can I travel outside of US when H4 Extension filed along with H4 EAD is pending with USCIS? ( H4 Extension + H4 EAD )

Yes, you can travel out of US, but the only issue is with the I-94 number mismatch. There is no official reference to this, but based on users’ experiences, we had few users report that their H4 extension was continued with processing and also their H4 EAD was also processed and it was delivered to them, when they were back in US. But, the issue was with the I-94 number mismatch. As mentioned above, when you re-enter US and go through Port of Entry Procedures the CBP officer will give you new I-94 and that number would be different from the H4 extension that you received with USCIS. You may have issues with the I-94 mismatch at DMV when trying to renew license or other things as it uses SAVE Database. You will be considered in status and everything will be fine, but the only issue is with I-94 mismatch and you may need to do another trip to fix the issue

Travel with H4 COS + H4 EAD pending with USCIS, but re-entered US on H4, will my EAD application be approved ?  

Also, let’s say you file for H4 COS + H4 EAD together, but you exited before the approval from USCIS and re-entered US on H4. In such cases, even you are on H4 status after you entered US, USCIS will deny your H4 EAD application that was filed before as it was filed by you with a different I-94 and in different status ( see below screenshot). You need to re-file form I-765 for your H4 EAD with USCIS.  Also, you should withdraw your previously filed H4 EAD application with USCIS, if that is pending when you file your New H4 EAD application  

Applied COS - exit and re-entry on H4 - EAD Application Denied Info

USCIS Recommendation when you Travel out of US with H4 Extension or COS pending with them

If you travel out of US with your H4 Extension/ COS, which is filed using Form I-539, pending with USCIS, they recommend that you keep a copy the extension or COS application and the copy of receipt notice to be showed to the immigration inspector, when you go arrive in US and go through Port of Entry Procedures to ensure that you did not overstay. Also, I suggest you check, and print copy of the I-94 online , US Travel History during your exit and have it handy a additional proof. Below is screenshot from USCIS website on the same.

What if I leave US with my I539 Extension or COS Pending with USCIS

What is the general guidance for filing H4 or H4 EAD with Travel plans ?

  • Planned Travel : If you know ahead of time that you plan to travel outside of US within a short period of time, then do not file any H4 Extension/ COS application with US, including H4 EAD application. Just get done with your travel, re-enter US and then file for H4 COS along with H4 EAD.
  • Unknown Emergency Travel : If you have an emergency and have to leave US with H4 COS or Extension and H4 EAD Pending, don’t worry too much about all of these, just leave, get your H4 Stamping done, if needed and then re-enter on H4, file a new H4 EAD application ias needed. 
  • Planned Non-Emergency Travel : If you have planned travel and have filed H4 COS/ Extension + H4 EAD together, if you can delay your planned travel, wait for the H4 COS / Extension to be approved and then you may travel with H4 EAD Pending. In such cases, make sure you have someone to receive your H4 EAD related mail from USCIS for you to know if there is any RFE or NOID and you need to respond to the same.
  • Emergency Travel with H4 EAD pending : If you on H4 in US and filed for H4 EAD only, and have to leave US on emergency, then make arrangements so that someone can collect mails from USCIS, so that you do not miss out any RFE or NOID kind of letters from USCIS. Once you receive any such RFE, make sure you come back to US and take care of them and send relevant information to US on-time.  If you do not respond on time, then they will consider your application as abandoned and deny the same.
Can I go for H4 Dropbox, with H4 Extension Pending ?

Yes, if you are eligible for general Visa Dropbox requirements, then you can go for H4 stamping using Dropbox. Having pending H4 extension does not matter. All you need is H1B approval for it.

Did you travel with H4 or H4 EAD Pending ? Share your thoughts

Reference : USCIS H4 EAD FAQs

   

Other Articles

274 Comments

  1. Hi Kumar,

    My wife and daughter planning to travel first time to USA with valid stamping with my current employer by next month.

    I am Changing job and new employer applying H1 transfer in couple of weeks. And I am planning to wait till transfer get approve to join new company. Now my question is Can H4 travel to USA while H1 transfer is Pending or processing with my current employer i797 ?

    Reply
  2. Hi All,
    My H1 got approved and my Wife’s & Son’s H4s are pending for extension. Not yet received Bio-Metric appointment itself. We’re planning to travel on June. So no chance of decision before June.
    1. Can we all go for dropbox (H1 Expired 21Mar2021) with H4 pending?
    2. Before go for dropbox should I recall / withdraw H4 petition? How?
    Kindly share your experiences

    Reply
    • Hello, I am also in the sand boat. Can we travel with H1 + EAD extension pending? Can I Get H4 stamping from India via drop box with H1b approval notice?. How long does it takes to get EAD once we are back?

      Reply
  3. Hi Kumar,

    Thanks for helping everyone here.

    My h1b is approved till 2023, however my son’s H4 is still pending. Current H4 visa stamp expired this month.

    I am planning to travel with my son in few months to india and will select the drop box option.

    I understand that H4 visa stamp can be done using the H1b approval notice. My question is regarding the H4 stay in US while his application was still pending.

    How do I justify the stay of my Son in US after his current h4 visa expired till I leave the country with him? I do have the receipt notice for his h4 extension

    As they don’t ask any questions while selecting Drop box option, can they deny the H4 visa thinking that he overstayed in US?

    Please help!

    Reply
  4. I have applied my H4 extension (I-539) and H4 EAD ( I-765) together on Nov 2020 and still under processing. As you know it is taking long time for USCIS to adjudicate approval due to covid situation. I need to go India for a medical condition of my family member. My husband’s H1B visa got approved on December 2020 and its valid till Oct 2023. I have few question as mentioned below.

    1 If I go to India I should be able to do H4 visa stamping using my H1B approval right?

    2. If Yes then what will happened to H4 extension that is currently processing? Will H4 extension will be cancelled automatically?

    3. And also what will happened to H4 EAD (I-765) extension that is currently processing? Do I need to file H4 EAD (I-765) extension again when I will come back from India or it will still continue processing until approval?

    Reply
  5. Hello,

    I have approved H1b (I-797) till 2023 and my wife has approved H4 till 2023 with biometric done in US. A month ago we applied for H4 EAD, while the process is in progress we anticipate a travel to India in month of June 2021 and back by August 2021.

    Can we travel to India, get Stamping for both of us and expect no impact on current EAD processing or we would get RFE due to travel ?

    Also would the travel outside USA change here I-539 I-94, that cause a RFE ?

    Thanks in advance for replies!!!

    Reply
  6. Can someone please comment on the current scenario I expect myself to be in.
    Scenario:
    Current H4 EAD valid till may 2022
    March 2021: Change of H1 sponsor/employer
    April 2021: H4 stamped in India based on approved H1B/I-797 from new employer
    Will my old H4 EAD be still valid once I enter US

    Reply
  7. Hello,

    Thanks for helping ppl with their questions.
    – We applied for H1, H4 extension and H4 EAD on DEC-15-2020. Got H1 approved In jan.
    – My wife has to go to India and she went to India and got her H4 visa stamped.
    – Now she is back to USA with new H4 Visa stamp.
    – Do you recommend to reapply for H4 EAD Extension ?
    – I have spoken to two different law firms , One said i don’t have to and other said It’s better to apply.
    – What would you recommend ?
    – We only got two more additional months before her H4 EAD Expires and she is in verge of loosing her job.

    Reply
    • Where did your wife get her H4 stamping in India? Was there quarantine requirements for her while traveling to/from India?

      Now that your wife has a fresh H4 status, how long will it take for her EAD to be issued?

      Reply
    • Hello,
      Well I am in same boat. My H1 B is approved until 2023 and my Wife H4 Extension is pending since Aug 2020. Even I am planning to travel and get her stamped. So Did you applied as fresh H4 in India or just took appointment for stamping based on current h4 extension filed to uscis?

      Reply
    • Did you find an answer to your questions? I am confused too if I would have to reapply EAD once I get my H4 stamped in India.

      Reply
    • Hello,
      Did your wife applied dropbox or went for a regular in-person interview.

      About Applying H4-EAD,
      Did you receive any information on that? should we apply it again

      Reply
  8. I entered US on L2 visa. My husband’s Change of status from L1 to H1B approved in December 2020. So my H4 application submitted on January 2021. My current I94 that I got when I entered using L2 , expires on October 2021. With current delays H4 processing takes lot of time. So Should I have leave US in 180 days i.e mid of Jun if H4 is not approved or can I stay until my current I94 expires on October 2021?

    Reply
    • Raja,
      If you have applied for COS on time before expiration of I-94, you can continue to stay in the country, even after your I-94 expires.

      Reply
  9. Hi,
    Current H1, H4, H4-EAD expiring on 05/30/2021, and H1 extension will be filed next week. Since H4 and H4-EAD are taking a lot of time (10-12 months), isn’t it a good idea to do the following:
    Apply for an H4 visa (using DS160) as soon as the spouse gets H1 approval -> Get an appointment for the earliest date outside the US (right now I only see Abu Dhabi having the least waiting period of 30 days) in Abu Dhabi (obviously, get an Abu Dhabi visa as well) ->
    When the appointment date is almost there, travel outside the US to Abu Dhabi -> Go to US Consulate in Abu Dhabi on the appointment date -> Get visa on the passport in 7-10 days ->
    Come back to the US -> Apply for EAD

    Questions:
    1. Do you see there is any glitch in this plan?
    2. If the H4 extension and H4-EAD extension are filed with H1B extension, what will happen to those applications? Will they be automatically abandoned? Do I need to do anything other than just sending another I-765 to USCIS?

    Reply
  10. Hi Kumar , I got my h4 visa till April 2019 while in US but didn’t renew it after that and left US in aug 2019. Will they question about this in the interview.
    Are emergency appointments available now for h4.

    Reply
      • Thank you for your prompt reply Kumar. But, from April 2019 to Aug 2019 I was not on any status as my husband’s attorney didn’t file for H4 when applying for husband transfer and extension. Will the VO question about this

        Reply
        • Sam,
          You were out of status during that period. During filling DS-160, there is question that asks “Have you ever been unlawfully present, overstayed…”, it is under security. You should write and explain your situation there. If you do not disclose, you are lying and that is a bigger offence. Talk to an attorney and handle it carefully.

          Reply
      • Hi Kumar,
        I’m drop box eligible but not finding any slots for chennai or Hyderabad. Looking for slots in other locations but my account got locked. Is there any possibility where I can go for regular appointment instead of Dropbox.

        Reply
        • Hi Sam,

          Can I please know what happened in your case. Did you mentioned about unlawful presence in your DS160 form? Did you got your visa approved through dropbox?

          Reply
  11. Hi,

    I have a question regarding my H4 and H4 EAD application that are currently in process (H4 – August 12th, Nebraska) and H4 EAD (October 5th,Nebraska). I have travel coming on Feb-5th till MArch 12th and H4 stamping on Feb-9th. I want to know what will happen to my applications. (My stamping expired back in 2018 and visa expired on Dec-31st,2020.

    Question:

    1) If I come back to US in March on stamped H4 visa, is there any way that I can send my latest I-94 for my H4 EAD processing?

    2)In case my H4 gets denied, will there be any chance to reopen the case by sending my I-94 back to USCIS ? If yes, please let me know if I can appeal to reopen my case in case application is abandoned?

    3)Do you know of any approvals of H4 even if the applicant is not in US?

    Reply
    • Swapna,
      1. Well, unless they ask, it does not work.
      2. It may not matter as you would already have the H4 visa stamp. You could technically send withdrawal letter to withdraw H4 after your stamping.
      3. Some have got that in the past for extension situations.

      Reply
  12. I have applied for my renewal h4 and h4 ead. Biometrics are done…
    I got my h4 ead card in hand but h4 renewal is still processing

    I am planning to go to India feb 1st week
    My husband is gonna be in the USA and he got his i797 approved. He doesn’t have approved visa on his passport as he didn’t go to India for his Dropbox

    1) will my h4 visa in the USA will be denied if I exit from the USA?
    2) I think I will be eligible for drop box as it’s renewal-
    My husband renewal i797 will be sufficient for my drop box?

    Reply
    • RK,
      If you are going to get H4 stamping done in India, it does not matter what happens to your H4 processing in US.
      Yes and maybe some supporting documentation like pay stubs, visa copy, etc.

      Reply
      • Thank you .
        What will happen to my EAD card in hand? It will still be valid and I can use it right once I am back from India? Or I will have to file a new one here again?
        Please advice

        Reply
        • Hello,
          Daughter’s H4 i94 expired on first week of Jan-2021 and extension in progress since jun 2020. Now we received the biometric for her on 1st feb. But we will be travelling to india this week 25th jan and will use Dropbox to stamp for H1 & H4 on16th Feb .

          Will there be any issue for her status also any issue as we are not appearing for interview & they will reject ?

          Reply
    • Hello,
      Daughter’s H4 i94 expired on first week of Jan-2021 and extension in progress since jun 2020. Now we received the biometric for her on 1st feb. But we will be travelling to india this week 25th jan and will use Dropbox to stamp for H1 & H4 on16th Feb .

      Will there be any issue for her status also any issue as we are not appearing for interview & they will reject ?

      Reply
  13. Hi,
    I am on H4 AND H4 EAD. Luckily I got my renewal H4 EAD but my renewal H4 visa is under process. I got done with my biometrics on NOV 24th and didn’t hear back from USCIS after that. I have plans to visit INDIA Feb 1st week. My question is – Can I still travel to India when my H4 is under process?
    2) My husband h1b got approved in 2020 but he has not gone to India for dropbox yet. If i plan to go to India – I would be eligible for drop box as its renewal? would US embassy require my husbands approved visa on passport or just approved visa papers would be fine?

    Thanks in advance

    Reply
    • RIYA,
      If it was extension, should be fine. At least, based on previous experiences. Anyways, when you enter the country, you will get new I-94 and you need visa, so you are fine.
      Dropbox renewal is subject to you only, if you meet the requirements. Check them.

      Reply
  14. Hi ,
    My husband already has his H1B extension till Dec 2022, but his stamping is pending .My current h4 is going to expire on Feb 15 2021. I have applied for my H4 and H4EAD extension. And it is taking lot of time , i have still not received biometric appointment yet.
    My Husband’s friend suggested us to travel to India and try drop box option , through that i can get my h4 extension and stamping done.

    So please help me with my below doubts:-
    1. Can i travel to India and try drop box option to get h4 visa extended and stamping ?Is this option available for H4?
    2. If this option is available then can i only apply for dropbox? Or does my husband also need to apply for his stamping at the same time through dropbox ?
    3. If i am travelling to India , will it affect my current H4 and H4EAD extension which i have applied.?
    4. And if i get my H4 extended though dropbox. Then what will happen to my current H4 and H4EAD extension which i have applied. How will my H4EAD be processed?

    Please Help me with this.

    Reply
    • Sweety,
      1. It maybe, but getting a slot is tough. It may or may not speed up the H4 EAD processing because they would not know that you have H4 approved.
      2. If you already had h4 stamp, you can try dropbox alone. Getting a slot is hard part.
      3. Well, if it was extension should be fine. But, there may be I-94 mismacth cas we put in article above. read it.
      4. read above article, it has this addressed.

      Reply
  15. Hi Ram. My H1B extension was approved in August but my wife’s H4 extension and H4 EAD is still under processing(submitted on June 5th). And looks like the processing time in California center is > 12 months.
    Can you please let me know if we can travel to India and use drop box to get my H1B and her H4 stamped?
    If yes, will her H4 EAD application still be valid or do we need to re-apply again?

    Thank you so much

    Reply
    • Pratheek,
      You can apply for Dropbox, if eligible in India. The challenge is getting a slot. You can start to plan for the same and arrive in India, when you get a slot. One catch is, if the Dropbox does not go through and they give a slip to attend interview, then you are stuck until the regular operations of consulate open, which is unknown at this point.

      Reply
  16. Hello there,
    I am a Canadian citizen, spouse applied for H1B extension along with the H4 and H4 ead extension( premium process). Based on current timelines H4 ead process is taking a lot longer ( fingerprinting) so my questions are –
    After h1 b approval, if I cross the border and get an H4 stamp in the passport( consulate visit is not required, get a stamp at any CBP border) and update uscis with the new I-94 information and ask them to waive off the fingerprinting part, would they allow that?
    2nd question- Is Canadian citizens exempt from fingerprinting?
    Thank you in advance.

    Reply
    • Ram,
      No, it would not work like that. CBP cannot allow you to enter on expired visa or give you that option. The fingerprinting done by CBP is different from the one done at USCIS.
      Yes, everyone needs to give it. It is tied to the form type, not citizenship of the person.

      Reply
      • Kumar thanks for the replay. My H$ and EAD will expire in june.2021. If i get a new I-94 ( after crossing the border) then I can apply for a new EAD application (a person can file multiple EAD applications, the only thing is I have to pay the fee again- this information I read on the Redbus2us ).
        MY Questions-
        SO IF I APPLY ONLY H4EAD APPLICATION then I don’t need fingerprints, Correct? the only discrepancy i see is the I-94 number when I go to DMV for renewal. Correct me if i am wrong.

        Reply
        • Ram,
          you need valid visa to re-enter US on H4. They do not just update I-94 without valid visa. So, you should try that option before your visa expires.
          Yes, you can file for EAD, but need to indicate in a letter stating the pending application and also include a copy.
          Yes, if you only apply for EAD, then you do not need the finger prints. yes, the DMV can be a potential issue.

          Reply
  17. Dear Kumar,

    I have a question for my wife and son’s status as they traveled to India on Nov. 2018 after my change of employer petition was filed along with their H4 COS extension. They came back on Dec 2018 with my previous company H4 VISA data valid until Dec 31st 2020. But on Feb 2019 their H4 got approved and extended with new company with old I94 until Jan 2022. Now my question is do I need to file H4 extension now based on port of entry date with new I94 which was issued in Dec 2018 or do I need to consider the new approval with old I94 change of status approved on Feb 2019. My Legal team advised me that last action date is always valid, hence i may not have to do anything until Jan 2022. Please advise if any suggestions.

    Reply
  18. Did anyone receive RFE when travelled out of US with H4 extension and H4 ead pending ?

    H4 and H4 EAD are filed along with H1 extension. H1 already approved and H4 biometrics done. Is it ok to travel with my H4 extension pending ?

    Reply
  19. Hi,

    Thank you for publishing this article. It has all the information I need.
    I just had one question (which is already answered here, but due to current circumstances I wanted to confirm).
    I am on H1-B status and my wife is on H4 (both expires in July 2022 and we both already have valid stamps.) We are currently in the US.
    I have applied for my wife’s H4 EAD (I-765) on November 2020 2nd week but haven’t received any receipt number yet.
    While it is in progress, can my wife travel abroad (to India)?
    Also is fingerprinting required for I-765?

    Thank you for your time.
    Regards,
    Anon.

    Reply
  20. Hi Kumar,

    I’m in very tricky situation please advise, I’m on H4 currently studying in US university, I’ve a COS pending since March. At this point I’m considering traveling to India to get F1 stamped. Do I need a new I-20? New initial I-20 with new I-901 fees OR does my old I-20 could work with travel signature? Lastly, what would happen to my pending COS application if I get new I-20 with new I-901? I understand that my COS will be abandoned as soon I leave the country but this new I901 is confusing me.

    Also, to complicate situation I already filled my Ds160 with appointment at US consulate with the old SEVIS record (I-20 from last semester). Would I be able to edit that?

    Reply
    • Ruchi,
      Yes, you will very likely need it as it has been long..check with DSO On this.
      It is safe to get new I-20 as it will be current with the SEVIS system. Use that to pay the I-901 fee. That will not be a problem, you create a new DS-160 and use that with the new I-20. You can have any number of DS-160s, just carry the latest one and have that updated in the Visa Appointment Booking system at USTravel Docs. Also, I suggest you secure a slot, before you travel. It is very hard to get visa appointment slots.

      Reply
  21. Hi,

    My H1b visa is approved till 2022 but my wife h4 visa is pending for approval (biometrics & approval) due to personal emergency we came to india this September.
    Now I am applying for stamping (dropbox) since my visa was approved

    Can h4 go for stamping ( dropbox) with h1b approval?

    What will happen to the pending biometrics process?

    H4 allowed to travel back to US after stamping , what additional documents to carry?

    Please clarify, thanks in advance.

    Reply
    • Hi Kumar,
      I’m on same boat,My H1B visa is approved but my wife’s H4 (I-539) is still showing ‘Case Was Updated To Show Fingerprints Were Taken’. Stamped Visa on the passport has already expired.

      She needs to travel to India due to medical emergency and return back to US after stamping so can she get her H4 stamping done without I-539 approval ?.

      1. Will she get stamped based on my i-797 approval copy ? If yes, what happens to their I-539 ?

      2. Do I need to withdraw I-539 before exit from US ?

      3. What all documents we need to carry for H4 stamping.

      Thank you.

      Reply
      • Sal,
        She does not need the approval of H4 for stamping. She could carry the H1B approval notice and go for stamping.
        You can withdraw it anytime…
        We have many experiences on the visa experiences section, read them, you will find the list.

        Reply
    • Anonymous,
      If you have H4 Visa valid to re-enter US, you do not need to go for stamping. H4 EAD has nothing to do with H4 visa.

      Reply
  22. Hi Kumar,

    Can you provide some clarity on this? I have received multiple conflicting statements on what happens to h4 extension applications when we travel outside the country. (Your article says that it’ll continue to be processed)

    I have given my biometrics and am waiting for h4 and h4 EAD approval. I am planning to leave the country for 5-6 months and come back later. Will my extension petition continue to be processed (and approved) along with my EAD so that by the time I’m back, I get my EAD here or will it get abandoned.

    I understand that in either case, I’ll have to get the h4 stamped at the embassy but I’m more concerned about the EAD Because if that’s abandoned, I’ll have to reapply for it once I come back. If not, I’ll have it mailed to me when I’m out.

    Let me know your thoughts.

    Reply
  23. Hi,

    I had applied for a COS from F1 to H4 in April 2020. It has been received but biometrics is still pending. Unfortunately I have to go back to India due to some unavoidable reasons. I understand that this will deem my COS abandoned and denied.
    1. Will it impact my case if I apply for a H4 visa later again at a consulate in India?
    2. Since my F1 status ended in the meantime and I have been overstaying based on my I539 receipt notice, will it be a problem while traveling out of US?
    Thanks for your post!

    Reply
  24. Hi
    My husband is on h1b visa and he got the extension of visa, today I had my biometric for the extension of visa as I am on h4 visa. So I want to know how much time does it take for the visa to come?

    Reply
  25. Hi ,

    I am on H1B in US ,My wife went to India for a family emergency who is on H4 . Her extension is still pending . My H1B just approved . I know she can go for stamping with my Approval notice . My son who is on H4 stays in US with me . His application is pending with USCIS decision. What will happen to his application once my wife got her stamping ?

    Reply
    • Hi,
      I am on the similar boat, I am on H1b in US and my H1b extention was approved.My wife and kids h4 extentions were still in pending with USCIS. Biometrics got completed. My wife currently joined in an university and want to goto india to get F1 visa stamped. If she goes and get the F1 visa stamped,what will be the status of my kids application who stays with me in US. Can you please let me know your experience. What happened to the kids extention application. Will their applications also get abandoned,.Will they go oit of status?Thank you.

      Reply
  26. Hi,
    Hope I can get some answers and clarity on my situation. I am on H1 and I recently got my H1 transferred to a new employer. I have got approval notice with me.
    My dependents H4 visa is still pending. They have got the biometric scheduled for October second week.
    #1 how long it can take for uscis to tell the decision on my dependents visa transfer after biometric is done?
    #2 is there a way myself or attorney can expedite the process after biometric is given?
    #3 I have some travel plans after biometric is done. Before I get any decision from uscis, if me and my dependents travel out of country, will there be any problem while entering usa again?
    #4 based on my H1 approval notice, can my dependents also get stamped when entering USA? Provided their visa transfer is still pending?

    Reply
    • Note : all of us have visa currently stamped till mid of 2021, from my former employer.

      H1 and H4 transfer was applied in feb 2020. Biometric initially was scheduled for March 2020 and got rescheduled to October 2020.

      Reply
  27. Hi Kumar, Thank You for wonderful article. I am on H1B and my wife is on H4 EAD. Both expires in Feb 2020. Since the H4 Ext is taking too long, there is no chance that her H4 ext and EAD will be approved by Feb. I am planning to do my H1B premium 5 months in advance. I am thinking that rather than filing H4 Ext, can she just travel out of country and get H4 stamp based on my approved I765? Once come back she files standalone EAD. This way no H4Ext is required and no Biomatrics. Is this even possible?

    Reply
      • Thank You Kumar. Is there any issue if H4 personal goes to consulate for ext while the current Visa is valid and I 765 is approved for future start date? Also I am not sure why no one is talking about this approach and rather wait for Biomatrics for over 6 months. Is there any catch?

        Reply
        • Hi Manoj,

          I am also thinking of doing the same. Please let me how it goes. can we travel out of country(mexico or canada) for h4 visa stamping with existing valid h4?

          Reply
  28. Hi Kumar,

    This is Harish, Really appreciate your time in writing this article. Can you help me out with my question, I am on H1 currently and my wife is on H4 and applied for COS from H4 to F1. We have a plan to go for Canada for Soft-landing and return back the same day. But from what I understood my wife’s COS would be abandoned if we travel. So my questions are

    1. How long would it take for the application to be abandoned
    2. When can we file the COS again, Can we do that right after the return with current COS still showing in progress
    3. What if we go to India for F1 stamping with the COS in progress. This is because her H4 would be expiring this December 2020
    4. Would a rejected application have impact to the new COS

    Reply
    • Harish,
      1. Well, we do not know…If you leave US, it will be considered abandoned.
      2. you can do it right away, but, it is tricky as you may not full documentation that it was abandoned…It is slightly grey area.
      3. It is the same thing.
      4. It may…all of them link to you maintaining proper status. Some of these are grey areas…
      It is best not to travel out, if you want to get COS. if you travel out, you should get visa stamping to re-enter. This way you avoid issues.

      Reply
  29. Hi Kumar

    My wife is in india and she have approved H4 1794 copy untill December 2020. She could not get stamping due to current pandemic situation ..Now I have to file my H1B extension. Do I need to file H4 extension for her with my H1B extension? Or can I wait to get my
    h1b extension approved and schedule Visa appointment for h4 with my new H1b 1797 copy?

    Reply
  30. Hi, I am on H1 and lost my job. My wife is also on H1. I am planning to go out of the US by myself for some work. I am planning to apply for an H4 but can’t wait until it is approved before traveling. Sounds like my h4 COS will be deemed abandoned and cancelled. Will this affect my chances of applying for a B1/B2 for coming back into the US ? Also, how much time will it take to get a B1/B2 if I apply from Canada ?

    Reply
    • Harry,
      Your intent really matters….it can create complications, if your spouse is in US and apply for B2…Ideal thing to do is get H4 stamping and enter US.

      Reply
  31. Hi
    My husband recently laid off on H1b (his 60 day grace period is ending on August 25th). We are planning to file H4 COS for him (with my H1b). Considering this scenario, I have few queries:
    1. Can he go to Mexico/Canada for H4 visa stamping (once they open after December) after his 60-days grace period is done or he has to wait in US for his COS approval.
    2. Can he bridge/apply for another H1b visa transfer even his H4 COS is pending, considering he gets a job in another one or two months.

    Reply
    • Anonymous,
      1. Well, you need to check with Mexico and Canada, some of them do not allow such COS kind of applications.
      2. This may be difficult as your spouse does not have legal status. It can be done once the H4 is approved.

      Reply
    • Hi Kumar

      Thanks for the reply earlier. I have few more queries considering h1 to h4 COS is taking very long. We have scheduled an H4 visa interview to consular in India but considering embassy’s are open for limited number of employment based visa appointments, I have few queries:
      1. Since appointments are for limited numbers, does he qualify for H1->h4 cos. or are they only for emergency situations . I am not finding clarity on this. We need to make decision for his travel since once he is out of US , his application in US will be barred. We had applied his application in August 2020.
      2. What are the risk factors involved and chances of approval if he travels to India for this consular appointment.
      3. Which scenario is better out of two: Wait in USA only for his COS approval/wait for embassy to have normal operations Or attend this interview in India.

      Thanks,
      Shama

      Reply
      • Shama,
        It is hard to say which is better. If you get the appointment, getting stamping is faster as there is no delays with H4 COS. But, if you cannot travel, the COS is the only option…It is hard to take the stance, depends on your discretion

        Reply
        • Hi Kumar,

          Thanks for the prompt reply but do you have clarity on 1st question:
          “1. Since appointments are for limited numbers, does he qualify for H1->h4 cos. or are they only for emergency situations . I am not finding clarity on this. We need to make decision for his travel since once he is out of US , his application in US will be barred. We had applied his application in August 2020.”
          Does he qualify for H4 COS appointment in India as embassy mentioned limited number of processing though he has got the appointment?

          Reply
  32. Hi – My H1 is approved and need stamping . Wife’s EAD/H4 is submitted on July 8th , still haven’t received biometric appointment. We are planning to go to India around September. My company has offshore office and I can work there till the embassy re opens in India.

    My question is , is it okay to travel with respect to my wife scenario ? Does biometric has to be completed before we travel ? Also if I can work in my offshore company can I still go for stamping once embassy reopens

    Reply
    • Kiran,
      If you leave US, it is fine. There is no need. If you all anyways plan to go for stamping, you can inform USCIS indicating that you are leaving the country and send the notice. This way you are compliant.

      Reply
      • Hi – My husband’s H1 approved in May and I’m still waiting for my biometric appointment. We had to travel in emergency to India at end of June. Now since the consulate is closed we cannot get stamping done and have to wait atlease till December for that.

        1. Is there option to comeback only with H1 stamping (Supposed if the H4 application processing takes longer) ?
        2. Will the H4 application be processed when we are in India, Since the biometric is not done and I cannot go for biometric appointment , will they process the H4 application ?
        3. Since the consulate is not open and it might take more than 6 months to do so , is there any legal complication of staying more than 6 months in India ?

        Reply
        • Divya,
          As you are outside of US, the H4 extension and biometrics does not matter anymore.
          You can get H4 stamping based on your spouse H1B. Wait for consulates to open and then book a slot. No complications staying out of the country.

          Reply
          • Thanks Kumar for the reply. So when I go for H4 stamping in India , won’t they need H4 approved petition as well or they stamp based on H1 petition only ? What happens to H4 application , will it be canceled and biometrics also will be canceled ?

          • Divya,
            Yes, you do not need. If it was extension, they may process it. If COS, they will deny it. Yes, all of them.

  33. Hi Kumar,

    Wife has approved I-129 petition for H1 while my H4 /EAD extension is pending biomatrix appointment. If we travel to India for an emergency, she wont be able to get new H1 stamped due to EO till Dec and might loose job and so will I (my EAD is already expired and company is waiting to rehire me ASA I present EAD). Should we avoid travel till Dec to maintain jobs?

    Reply
    • Ali,
      In general, you should avoid travel in current situation with the EO to avoid issues. Now, your situation is fully dependent on your spouse. As long as she has H1B valid and working, you are good to use H4 status to work on EAD, so it is wise to stay back.

      Reply
  34. Hi,
    My husband H1-B was about to expire in march 2020 but then got approved in march, till March 2023. My H4 extension is still pending ( biometrics appointment) because USCIS got closed in March due to covid-19.
    My MS classes would begin from August. Currently, my concern is can I change my status to F1 Visa when my H4 extension is yet pending? Or should I wait till another semester?

    Reply
    • Shaina,
      It can be very tricky, if your I-94 has expired and does not work in most cases as you do not have proper status. If your H4 has expired and no I-94, you cannot apply for COS. Discuss with DSO on your options to study. Waiting depends on, if you want to study on H4 or F1. Read Study on H4 Advantages and Disadvantages

      Reply
      • Thank you so much for replying to my queries. Also, I would like to know which option is better
        1) To apply to USCIS for COS to F1 from H4 and wait for it .
        OR
        2) After one semester of studying in US , going back to India and coming back on F1 visa status.

        Which one would you advise considering pros and cons.

        Reply
        • Shaina,
          Honestly, it depends on your priorities and flexibility. If you are attending a state school, you may get in-state and save fees, so in that case H4 is best. If you want to work on campus and get TA or others, then F1 maybe better…F1 stamping can be tricky as your spouse is in US and you may have to prove you will return back. Look at it logically, how will you return to India, when your spouse is in US…so, it is your discretion…Take a call by discussing with your spouse.

          Reply
  35. My wife is outside US currently and she has H4 visa till Oct 2020. My H1B status which was till Oct 2020 is now extended till 2023. Can my wife travel back to US on existing visa, show a copy of my new I797 which is valid till 2023 and get I94 till 2023 or will she only get it till Oct 2020 which means she has to apply for extension?

    Reply
  36. Hello,

    I had applied for my spouse’s standalone H4 EAD only. But she had to travel on an emergency to India while her application was pending. We got a RFE for her application. Following documents are requested:
    1. Passport/Visa/Entry-Exit Stamps for both of us
    2. I-94 Document for both if us

    I wanted to inquire if I can respond to her RFE while she is out of the country or does she need to be in the country before we can respond.

    Reply
    • Aakash,
      Well, usually, if it was only for H4 EAD, it maybe fine to respond to the RFE. But, if your spouse is going to be coming back soon, do send it after she arrives in US.
      Also, you may put in a requisition letter stating the reason for leaving to India and plans to return back.

      Reply
      • Thanks Kumar!

        One of the requirements for H4 EAD is that you need to be in valid H-4 status. I-94 can prove that she has H-4 status until March’2021. I wanted to know if the status on H-4 remains valid until that date even if you leave the country?

        Reply
        • Aakash,
          True, that is for applying. No, you will not have status, once you leave US. Ideally, you respond when your spouse is in US, if no option, it does not hurt to respond to the RFE. If you read the FAQ, they only tell that it will delay the process and your ability to respond to RFE. Read the FAQ screenshot in above article or on USCIS site.

          Reply
  37. Kumar – I got my H1 extension approved.While my spouse h4 extension and EAD is still pending (have not got biometric appointment yet),can we travel outside beyond our visa expiry date (Visa expires July 3rd week) ?

    What happens if we travel outside and stay beyong July 3rd week.I know I can get my H1 stamped.What about my spouse H4 extension and EAD?

    Reply
    • Raj,
      Based on what users said, it may continue to be processed, the only catch is, if you get this after you enter US, there will be I-94 mismatch.

      Reply
  38. Hello Kumar,

    My H1 has been approved and spouse H4 is pending and there might be a need to travel.

    Lot of attorneys online are confidently saying that H4 extension would be considered abandoned if H4 holder travels out of the country, however we do see that H4 extension getting approved even if the H4 holder leaves the country. Are you aware of any uscis official reference or precedent on this? Or are the attorneys merely saying based on the note in uscis website where it says i539 gets abandoned when the applicant leaves the country although uscis clearly means it for change of status.

    Thank you.

    Thanks.

    Reply
    • Deep,
      There is no official USCIS statement on this. Whatever is available is already on this page, where we have put it. Based on users’ experience shared on the blog, it is observed that H4 Extensions continues to be processed, even after they leave the country. But, if it was a COS, then it will be abandoned, that’s clear as you can see the screenshot from USCIS website in above article.

      Reply
  39. amazing forum, Hope i get my answers.
    My h4 expires in aug 2020, will be filed for extension in a week.
    1. Can i start my masters starting last week aug,while h4 extention is pending
    2. can i travel to india, i understand i can there will i-94 mismatch(how to get the mismatch corrected, any suggestions?)
    3.last, I want to convert my h4 to f1 and i will book an appointment in india in dec for the same. Will they raise questions regarding my h4 extenson pending , and is their a chance they cancel both my h4 anf f1.

    Reply
    • Richa,
      1. You may do that. But, I suggest you check with your DSO once before you embark on the journey of Masters, if any issues
      2. Well, the easiest way to exit and re-enter the country by going to any nearest border.
      3. Well, this is going to be tricky…You are moving from dual intent visa to non-immigrant visa, so can be tricky. Check Dual Intent vs Non-immigrant . It is hard to say…but usually, they may only cancel one and leave the other…

      Reply
  40. Filed H1B and H4 extension on 5th Dec 2019, got RFE and H1B approved on 16th March (H4 still pending). Now planning to apply H4 EAD by end of month.
    Can my wife travel next month after applying EAD with H4 extension and H4 EAD pending.

    Reply
  41. Hi Kumar,

    My wife H4 visa expires in June and we already filed for her H4 extension , EAD last month. Can she travel out to U.S.A in June and then return back in July/August with new H4 visa stamp (basing on my approved) H1B without impacting her EAD processing? / Her EAD might be denied since she is not in U.S.A while its being processed?

    Reply
    • Also, if her EAD denies , is there a way to challenge that by providing her new visa stamp after she returns back to get the EAD approved? / does she have to re-apply for EAD and it goes through the same long wait process?

      Reply
      • Mani,
        There is nothing to challenge…If they deny, then you need to re-apply. As per historical cases, it should not be denied and it should be processed as it is extension.

        Reply
    • Mani,
      It is very likely that it will be continued to be processed as your H4 EAD was filed as extension and it is also based on users inputs. So, you should be fine. Read the above article again, it has official references as well.

      Reply

Leave a Comment