H1B to H4-H4-EAD pending - chance of RFE if Primary H1B visiting India

USA H4 Visa
1

Hi Helpies/Authority
Greetings!
I have one query if you can answer and helpout, long story short, my H1B maxed out on 8/16(six years completed) , now I am on H4 Dependent with H4 filing receipt, and has filed H4-EAD also on 7/31 ( wife is having I140).
Now query is - my wife (main H1 applicant) is planned to visit india becz of her brother marriage for the month of october(tickets are booked already), but I am staying here in USA as have filed H4/H4EAD already, if I will go and come back, then has to file H4EAD again, so these 3 months would be wasted. so I came to know that if my h4/h4ead application gets picked up during that time when my wife would be in india, is there any chances that they may have concern on approving my H4-H4EAD just because main application would be out of USA. ( she would be on paid leaves, no change in H1B status, job remains same).
please suggest, how we can tackle this. Thank you

2

Hi @CoolT

If USCIS has any concern for primary H1B status, they will send an RFE.

I don’t think there should be an issue though.

3

Thank you Anil for the response.
Another related query - we came to know that while she will be in INDIA in october, that time, it would be 3 months that we filed my H4-H4EAD application so if that is quite or less likely that my application gets picked up during that time, so if main applicant H1B would be in INDIA, then it may raise concern on my H4-H4EAD application like rejection or approval , like that ? is that true ?
Actually because of this, we made changes to the plan and now she is going first week of septemeber and coming right after the marriage like first week of october, so she would be here if in october my h4-h4EAD application gets picked up.
did we do right ?

4

Hi @CoolT

I don’t clearly understand what you are trying to do here.

If both H1B and H4 will be out of USA, then how will USCIS approve your application?

5

Ok, first of all do not overthink! which makes you do unnecessary things/change of plans / meaning less questions etc…
Basic rules:

  1. what do we need for H4 approval ? - approved H1B copy (I797) of spouse
  2. what do we need for H4 EAD approval ? - approved I140 copy of spouse

When filing for H4/H4 EAD , did you sent the above mentioned copies to USCIS ? If yes , your application will be processed accordingly. It doesn’t matter if your wife is in INDIA or any where in the world during this process.

On a side note: During your h4/ead extensions , it is advisable for you to stay in USA to avoid processing delays/denials.

and if you are still worried and confused - do check with your employer/ attorneys … there are attorneys out there , who will provide you further info on ur case for consultation fee.

6

Hi Anil,
Actually only main applicant H1B (my wife) would be travelling out for 4 weeks, since we changed the dates now from sept 4 to oct 7 , anticipating that my h4/h4-EAD application can be picked up during the time she will be there so better she goes early and comes back early, as I am still be here in USA.

7

Thank you Sidh for the response, Appreciate it.