Can I travel While H4 EAD is pending? You can travel out of the country while your standalone H4 EAD application is pending with USCIS. Note that
H4 EAD can be denied if your H4 COS or an extension is also pending with the EAD application
.
Can H4 travel on advance parole?
As long as a person maintains an H/L status (H/L status not expired, H1/L1 holders working only for their sponsoring employer, and H4/L2 holders not working at all), he/she can travel outside the U.S. and come back without the need for advanced parole, even after applying for an adjustment of status.
How long can I stay while H4 is pending?
H4 can stay
up to 240 days
after i94 expiry – legally
This too, when you have filed the extension application before your i94 expiry and have not received any final result. USCIS also claims that it is THEIR discretion, if they want to allow you to stay in the US after those 240 days.
Can I get H4 extension from India?
Your employer cannot file for their H-4 extension while they are in India
. They can either return before their H-4 visa expires and then file for the extension. Or, they can wait until your H-1B petition is approved and then go for an H-4 visa…
Can I apply for H4 EAD while in India?
Can I file H4 EAD from India?
You cannot file an H4 EAD application from India
. You should be physically present in the USA at the time of filing the H4 EAD application.
Can H4 stay beyond 240 days?
2 attorney answers
1,
there is no 240 day rule for H4
, 2, a timely filed H4 extension permits the H4 to remain in the US until adjudication.
How can I speed up my H4 extension?
Make EAD expedite request by
calling USCIS on 1-800-375-5283
(recommended). The dialing code to speak directly with a Customer Representative is 1-2-6-1-1. They keep changing the options and hence you should keep trying.
What is the 240 day rule?
When an employer timely files a petition for an employee in H-1B, H-1B1, O-1, E-3 or TN status to extend their employment in the same status, the employee may continue to work for the sponsoring employer for an additional 240 days beyond their current status end date. This is commonly referred to as the 240-day rule.
Can I travel while my adjustment of status is pending?
Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. The H1B must still be eligible for H status and returning to the previously approved employer.
Can I travel while my i 90 is pending?
No matter the case, the processing time for an I-90 application is typically 8-10 months, which means, most likely,
the LPR in question will have to postpone international travel until they receive their new green card
.
Can I travel while Advance Parole is pending?
You can travel and your pending I485 (with or without Advance parole) will not be abandoned if you have one of these visa types to re-enter the USA
: Work visas like H1B and its dependent H4, L-1, and its dependent L2.
Is H4 visa stamping open in India?
Dropbox slots continue to be open for H1B, H4, L and other visa types
. The number of slots are limited and they fill quickly. More F1 visa appointment slots are open as the focus is on Spring 2022 students. All US consulates in India continue to operate in limited fashion with limited number of appointments.
Can I travel while my i 765 is pending?
It may take up to three months for USCIS to approve the I-131 and I-765 applications.
Nonimmigrants holding H or L status do not need advance parole authorization to travel outside the United States while their AOS application is pending
.
Can I 140 and H4 EAD together?
i140 and H4 EAD can be filed together
Yes, you can file i140 and H4EAD together to speed up processing
. But, you will have to talk to your employer as i140 has to be filed by them. They should also include the H4-EAD application in the same package to file ‘Concurrently’.
How much time it takes to get H4 visa in India?
Documents required
The average processing period for a visa is
15 to 30 working days
.
What if my I-94 is expired?
Once you reach the I-94 expiration date,
your status ends, even if the other documents remain valid
. There is no grace period beyond your I-94 expiration date while in H-1B status. Once your status ends or your employment ends, you need to make arrangements to depart the United States as soon as possible.
How long can you stay after I-94 expired?
When they enter the U.S., they are issued Form I-94 too, but this has a maximum duration of
six months
. This means any tourist or business traveler cannot stay in the U.S. for more than six months at a stretch. They have to leave within six months and re-enter.
Can H4 extension be denied?
Because an H4 visa is dependent on the sponsor’s visa,
it becomes invalid when the sponsor’s visa expires
. While this is not a green-card type of non immigrant visa, you could get an adjustment of status in time if you fit within its limitations and occupation requirements.
Why is H4 processing so slow?
One of the fundamental reasons for delays of H4 processing is the
Biometrics Process
that was introduced by Trump Administration in 2019 as part of Executive Order 13780. “Protecting the National from Foreign Terrorist Entry into the United States”.
Why is USCIS taking so long 2021?
As of November 2021, the average time across all Field Offices is around 19 months. This backlog is
largely due to the USCIS office closures amid the COVID-19 pandemic
.
Is H4 processing time improving?
| Case Type Processing Time Service Request Date | H4 Extensions 6 Months – 8 Months August 13, 2021 |
|---|
How long does it take for H4 extension approval?
It can take anywhere from
60 to 90 days
for processing of the EAD applications after RFE response was submitted.
Can I stay in US while waiting for H4?
H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of i94 expiry
.
Can we stay beyond 240 days?
Can you work beyond 240 days ?
No, the 240 day rule does not apply to H1B Transfers
. It is only applicable to H1B extensions filed with same employer.
