Travel Abroad With Pending H4 Ead?

Travelling Abroad with a Pending H4 EAD Application

It is possible to travel out of the country while your standalone H4 EAD application is pending. However, there are some risks involved. If the United States Citizenship and Immigration Services (USCIS) requests more information regarding your application and issues a Request For Evidence (RFE) or a Notice of Intent to Deny (NOID), and you do not respond on time, they may deny your application. Additionally, if you travel outside of the US, your H4 EAD processing may be delayed. If your H4 COS or an extension is also pending with the EAD application, your H4 EAD may be denied.

Travelling abroad when H4 EAD is pending

If you are already in H-4 status, you can travel abroad while your H4 EAD is pending. However, it is recommended that you avoid travelling if possible, as it may cause delays in the process. If the USCIS issues an RFE (Request for Evidence) or a Notice of Intent to Deny (NOID) while you are abroad, and you do not respond on time with the required information, they may deny your H4 EAD application, considering it abandoned.

If you are applying for H-4 status, your application will be deemed abandoned and denied if you travel while your change of status application is pending.

If you travel while your H4 COS (Change of Status) is pending, your application will be considered abandoned and denied. As your H4 COS is denied, your H4 EAD application will also be denied.

If you travel while your H4 extension is pending, there is no official reference from the USCIS on how they will handle extension petitions. However, based on users' experiences, H4 extensions have not been abandoned and continued to be processed. The key thing to note is that when you re-enter the US and go through Port of Entry Procedures, the CBP officer will give you a new I-94, and that number will be different from the H4 extension that you received from the USCIS. This I-94 mismatch may cause issues at the DMV when trying to renew your license or for other things as it uses the SAVE Database. To fix this issue, you may need to travel again and re-enter the US to get a new I-94 that matches your H4 extension.

If you are on H4 status in the US and have only filed your H4 EAD, you can travel out of the country while your H4 EAD is pending, provided you meet all the H4 visa requirements to re-enter the US. However, travelling outside the US may delay your H4 EAD processing.

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 the US within a short period, do not file any H4 Extension/COS application, including the H4 EAD application. Complete your travel, re-enter the US, and then file for H4 COS along with H4 EAD.
• Unknown emergency travel: If you have to leave the US with H4 COS or Extension and H4 EAD pending, do not worry too much. Just leave, get your H4 stamping done if needed, and then re-enter on H4. File a new H4 EAD application as 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 travel with H4 EAD pending. Ensure that you have someone to receive your H4 EAD-related mail from the USCIS to know if there is any RFE or NOID, and respond to it on time.
• Emergency travel with H4 EAD pending: If you are on H4 in the US and have filed for H4 EAD only and have to leave the US in an emergency, make arrangements for someone to collect mails from the USCIS so that you do not miss any RFE or NOID. Once you receive any such RFE, make sure to come back to the US and respond to it on time. If you do not respond on time, they will consider your application abandoned and deny it.

H4 EAD processing times

The USCIS California Service Centre, for example, takes more months to process H4 visas than the Vermont Service Centre. The Texas Service Centre has shorter processing times of 5 to 7 months.

Delays in processing H4 visas are common, and there are a few reasons why this might happen. Firstly, there could be a high volume of applications, which puts a strain on the system. Secondly, there could be processing backlogs, errors, or unexpected changes in US immigration policy. Thirdly, applicants might not respond promptly to emails or calls from USCIS staff, or they might not have gathered all the necessary documentation upfront.

To avoid delays, it is recommended that applicants respond promptly to USCIS staff, gather all necessary documentation before applying, double-check their application before submitting, and seek guidance from an experienced immigration attorney if needed.

H4 visa requirements to re-enter the US

The H4 visa is a dependent visa for the immediate family members of H1B visa holders. H4 visa holders can enter the US with their spouse or parent, who is the primary H1B visa holder.

To obtain an H4 visa, you must either apply for a change of status within the US (with USCIS) or through the Department of State (US consulate abroad).

H4 Visa Application Process:

• Fill out Form DS-160 online and keep the barcode confirmation page.
• Pay the H4 visa fee, which is currently $205, and save the receipt.
• Schedule a visa interview appointment with the US Embassy as soon as you file the DS-160 form.
• Compile the required documents for the H4 visa application, including:
• A filled DS-160 application form.
• A valid passport with at least one blank page.
• Two US visa photographs.
• Receipt for the nonimmigrant US visa application fee.
• Photocopy of the primary H visa holder's visa.
• Photocopy of your spouse's/parent's I-129 form, I-797 form, and Labor Certification Application (LCA).
• A copy of your spouse's/parent's passport with a clear, identifiable photo.
• Your spouse's/parent's letter of employment in the US.
• Copies of your spouse's/parent's previous work experience.
• Recent pay stubs and tax filing information if your spouse/parent is already working in the US.
• If you are the child of the H visa holder, submit your original birth certificate.
• Marriage certificate and supporting documents, such as wedding photographs, invitations, and receipts for wedding expenses.
• Attend the visa interview, where the interviewer will assess the authenticity of your relationship with the H visa holder and your intentions for entering the US.
• Check your visa status on the US Embassy website. If your H4 visa is approved, proceed with the visa stamping procedures.

Travelling with an H4 Visa:

It is important to note that having an H4 visa does not guarantee entry into the US. The final decision rests with the port of entry officers and the Department of Homeland Security.

H4 visa holders can travel in and out of the US freely as long as their visa is valid. Even if the H4 visa is about to expire, holders can enter the US and remain for the duration of the I-797 approval of the primary H1B visa holder.

If you are travelling while your H4 Extension of Stay (EOS) or Change of Status (COS) application is pending, your H4 Employment Authorization Document (EAD) application may be denied. Additionally, your COS application will be automatically abandoned as soon as you leave the US. Therefore, it is recommended to wait for COS approval before travelling.

To re-enter the US, H4 visa holders may need to obtain a new visa stamp from a US consulate in a country like Mexico or Canada, as this is faster than the H4 COS processing time within the US.

H4 COS or extension pending with EAD application

If you are already in H-4 status, you can travel while your H-4 COS or extension is pending with the EAD application. However, it is recommended that you avoid travel if possible, as it can cause delays in the process. If you choose to travel, you will need a visa to enter your destination country, and you may need to go to the US Embassy if your H-4 EAD is approved while you are outside the USA.

If you are applying for H-4 status, the old law still applies: if you travel when your change of status application is pending, your application will be deemed abandoned and denied.

Regarding the risks of travelling while your EAD is pending, the USCIS may send a Request For Evidence (RFE) to ask for proof of H-4 status or request an updated H-4 I-94. It is advisable to have someone in the USA who can receive any notices from the USCIS and respond if required. If an RFE or Notice of Intent to Deny (NOID) is issued and not responded to on time, the USCIS may deny the H-4 EAD application.

If you travel outside the USA while your H-4 COS is pending and then re-enter using your H-4 visa, you should file a new H-4 EAD application. The old application can be left pending, and you may or may not receive approval. Some people have received approval, while others have had an RFE issued to prove H-4 status. The USCIS can deny the H-4 EAD application as you abandoned your H-4 status by travelling outside the USA.

If you have an emergency and need to leave the USA while your H-4 COS or extension and H-4 EAD are pending, do not worry too much. Just get your H-4 stamping done and re-enter on H-4. File a new H-4 EAD application if needed. If you have planned travel and have filed H-4 COS/extension + H-4 EAD together, it is recommended that you wait for the H-4 COS/extension to be approved and then travel with the H-4 EAD pending. Ensure that someone can receive your H-4 EAD-related mail from the USCIS and respond to any RFEs or NOIDs.

H4 EAD application approval

The H4 EAD application process can be complex and frustrating, with long processing times and common delays. However, there are ways to expedite the process and ensure a quick approval. Here are some detailed instructions and tips for a successful H4 EAD application approval:

Eligibility:

To be eligible for an H4 EAD, you must be the H-4 dependent spouse of an H-1B nonimmigrant. Your spouse must be the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or have been granted H-1B status under specific sections of the American Competitiveness in the Twenty-first Century Act.

Application Process:

You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. This form must be completed accurately and accompanied by the proper filing fees and signature. You must also submit supporting evidence, such as a copy of your marriage certificate, proof of your relationship to the H-1B nonimmigrant, and evidence of their approved Form I-140 or H-1B status.

Avoid Delays:

Delays in the H4 EAD application process are common, but there are ways to avoid them. Ensure you have all the necessary documentation before submitting your application. Double-check your application for accuracy and submit all required documents before the deadlines. Respond promptly to any communication from USCIS staff. If you experience delays, consider seeking guidance from an experienced immigration attorney.

Expedite Requests:

If you need to expedite your H4 EAD application, USCIS provides an "Expedite Request" option for certain criteria, including severe loss to a company or person, urgent humanitarian reasons, US government interests, or USCIS error. You can call the USCIS Contact Center and explain your situation to obtain an Expedite Service Request number. You will need to provide a company letter with the request number and have it signed by a company representative.

Processing Times:

The H4 EAD processing time varies depending on several factors and the service center. Generally, you can expect the process to take anywhere from 2 to 12 months. The USCIS California Service Center typically takes longer, while the Texas Service Center has shorter times for automatic extensions.

Frequently asked questions