Can my spouse travel when H4 EAD is pending

USA H4-EAD
1

My H1 got approved last week . My i94 expires on 15th June

My spouse H4 is still pending approval . We filed her H4 EAD the moment I got the receipt number and it was received this Monday by USCIS

Now there is some emergency back home in India and wife needs to travel . She will get her stamping as well due to this . Will her going and coming back in anyway hamper her H4 EAD ? What will happen to her pending H4 application then

2

You spouse can travel while H4 EAD is pending.

In the worst case scenario, USCIS may issue an RFE to prove H4 status which you can reply when your wife has returned to US.

More information:

3

Thanks Anil.

Is there a probability that H4 EAD gets approved based on H1B which is already approved?

4

As i already told you that a valid H4 status is required which is only possible if your wife is physically present in US.

5

Hi Anil,

I have a query too regarding H4 ead.I applied H4ead on sep 4th.I have to travel to India.I haven’t received any details regarding my process yet.Also I read that the processing time for EAD is 5 months.will I be able to travel to India or should I wait?
Also I read somewhere that If your spouse or family is there in US who can reply for REF or NOID then u can travel.Is it so?
Could you please help me with this?

Thank you

6

Hi @kavya_ganga