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You can travel out of the country while your standalone H4 EAD application is pending with USCIS.
Note that H4 EAD can be denied if your H4 COS or an extension is also pending with the EAD application.
The H4 extension biometrics can only be taken in the USA at this time.
This H4 extension is filed using form i539 without leaving the USA.
Biometrics in the USA are taken by USCIS and fingerprints outside the USA are taken by the Department of State (at the US embassy). They do not share their data at this time.
The same rule applies to F1 and L2 biometric appointments in the USA.
USCIS may send an RFE to ask for H4 status or request an updated H4 i94.
Some people have received H4 EAD RFE to prove H4 status and submit a new i94.
I would advise you to travel internationally like in India if someone in the USA (like your husband or family) can receive the notices from USCIS and respond if required.
In a normal scenario, you do not receive RFE or need to visit the application support center for H4 EAD. But, if you do, you will have to come back to the USA.
You can use this app to fill out the EAD form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS.
This article will discuss:
H4 COS, EAD Pending
USCIS will abandon your H4 COS application immediately as you step out of the US and will also deny your H4 EAD application.
You should wait for H4 COS approval and then you can travel while H4 EAD is pending.
It does not matter if you are going to re-enter on an H4 visa. The simple rule is that the COS application is abandoned as soon as you leave the USA.
The better, faster, and recommended approach:
- Travel to Mexico or Canada to get an H4 visa stamp as it is faster than the H4 Change of status processing time in the USA.
- Enter the USA using an H4 visa stamp. This saves time as you get on to H4 status immediately on re-entering the USA.
- Apply for H4 EAD after entering the US to get EAD approval within 3-6 months. No biometrics appointment is required for a standalone H4 EAD application.
Traveled Outside USA, Re-Entered with H4 Visa Stamp
If you did travel outside the USA while your H4 COS was pending and are now entered using your H4 visa, you should file a new H4 EAD application.
The old H4 EAD application can be left under processing if it is still pending.
You may or may not receive approval for pending H4 EAD. Some people have received approval but for others, an RFE has been issued to prove H4 status.
As per the official rule, the USCIS can (it varies) deny the H4 EAD application as you abandoned your H4 by traveling outside the US.
H4 Extension is Pending
Your H4 extension may be automatically abandoned by USCIS if you travel while it is pending.
H4 extension is filed to get a new i94 when the person does not want to travel out of the US. The whole purpose is lost if you travel after filing an H4 extension.
H4 is a dependent visa and does not need petition approval as an H1B does. Hence, you do not need an H4 i797 to get an H4 visa stamp on the passport.
There are two ways you can get an H4 extension:
- Apply for an H4 extension using form i539 while staying in the US OR
- Go out of the US, fill out form DS160, and apply for an H4 visa stamp using an approved H1B i797.
USCIS will not issue a new i94 even if they approve the H4 extension. You should get a new H4 visa stamp from the US embassy.
The embassy will take your Biometric fingerprints.
Extension with H4 EAD Pending
Your pending H4 application should be withdrawn once you re-enter the USA. Pending H4-EAD will most probably get an RFE to prove your H4 status.
At the time of this RFE, you can submit your new H4 i94 and H4 visa stamp.
Source: USCIS
