My spouse H4 / H4 EAD is under processing and we recently had a cruise trip and at port of entry, my I94 got updated to the date of passport expiry date instead of my I797 validity, bt while I am applying for H4/EAD extension my I94 had different date.
In the above video , @20:00 they mentioned when I travel application is pending and has a valid visa stamp, I should be fine, right ? am I missing anything ?
please suggest.
I have valid H4 stamp till sep 2019, and h4 extension is pending but I travelled out of the country and re entered US.
Hey, the reason for my question is Denial and RFE are two separate things , if my EAD will get denied then I will re apply now and withdraw pending EAD with new H4 extension.
So I just need what will happen to my existing H4 EAD ?
I wanted to let you know that my spouse H4 and H4 EAD is approved , received H4 and EAD approval notice , waiting for actual EAD card.
So , In our case travel during H4 and EAD extension did not impact the applications.
However , to be on safer side we applied the H4 again , also submitted the biometrics, so we are going to withdraw the H4 application that is in pending state.
Question: as I94 changed while my application is pending , can we show H4 approval (I797A) for the extension of my DL ? or need to travel Out of US and get this I94 updated to do anything ?
It is not a mistake from uscis. Immigration agencies very rarely do mistakes and they know what they are doing most times. Show a legal reference either from FAM manual or uscis page where it says extension of status would be abandoned if someone travels out of country. The only thing needed for extension is to be in status at the time of filing the extension application
In uscis page, they clearly mention that only change of status is abandoned if someone leaves out of the country. They don’t have such a disclaimer for extension of status which clearly means that it’s okay to travel with a pending extension.