I94 date updated while H4 is pending


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.

will it impact H4 approval? please advise.

Hi @sidh

Normally, when you travel while H4 is pending, USCIS either denies or sends an RFE to submit proof of H4 status.

You may receive an RFE to submit new i94 and then you can send it.

H4 I 94 has the same date , H4 did not go for stamping nor I94 Changed, still H4 gets RFE ? and what will happen to H4 EAD ?

H4 stamping is still same, do you know if we can send the updated I94 copy to H4 pending renewal application ?

Hi @sidh

I don’t know of a way of sending the new i94 to attach to a pending application unless USCIS has requested it with RFE.

Hi Anil,

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.


Hi @sidh

If you travel, chances are high that your pending H4 extention will not be approved as you left US.

H4 extention application means that you do not want to travel.

will my H4 EAD application will be abandoned as well ? or will i get RFE ?

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 ?

Hi @sidh

I have explained multiple scenarios here. Please read:

2 posts were split to a new topic: I-485 pending means Adjustment of status filed as priority date reached?

Hi Anil,

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 ?

Hi @sidh

USCIS makes these kind of mistake quite often. Your case was not affected does not mean that it was the right thing to do.

The final responsibility of maintenance of correct status lies on you.

You are fine now as you have got a new i94 attached to H4 i797. You can use it to get driving license.

I suggest to not withdraw the pending H4 and let it reach result. You won’t get your money back anyway even if you withdraw.

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.