Travel outside USA when H4 EAD and H4 extension (i539 EOS ) pending

USA H4 Visa
1

Hi,
Thanks for your quick feedback on my previous query.
I have one more query, I am in situation where,

  • H4 extension i539 EOS is pending since 75 days
  • I have left USA before i94 expiry
  • Passport renewed (Old Passport was valid till 19 Feb 2019) which was given as a ID proof for i765 + i539

I am in India and planning to get new H4 stamped using dropbox with approved i797 notice; as my i539 is almost void now.

  1. What happens to my filed H4 EAD ? Can I expect RFE on i94/H4 and New passport?
    will they DENY my H4 EAD now and I need to apply again? or just RFE will do ?
  2. Do I need to withdraw current i539 or it will be auto-cancelled ?

Thanks again.

2

H4 Extension status after you travel out of country

It is recommended to send application withdrawal letter to USCIS to keep records clean for your H4 extension when you have moved out of country.

You are going to apply for your H4 in US embassy, so you do not need the i539 application anyway.

H4 EAD - RFE or Rejection

Both are possible. We can’t really guess.

With new USCIS policy starting September 11, 2018, they will reject the application without issuing RFE if the documents are not complete/insufficient.

3

Hi,
Appreciate your prompt response and thanks for your feedback.
Also, when can we raise SR on H4-EAD ? After 75 days or 90 days? Any suggestions?

Thanks

4

75 days was old policy. Now, USCIS allows to raise service request if your H4 EAD application is behind their normal processing date and time.

We track the processing time and date here: