Travel While H4 EAD is Pending is allowed
. Pending H4 extension or COS may be abandoned, H4 EAD may receive RFE to prove H4 status by sending new i94. Can I Appear For H4 Extension Biometrics In India? The H4 extension biometrics can only be taken in the USA at this time.
Can you stay while H4 extension 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 travel to India when my H1B extension is in process?
You can travel to India while H1B extension is in progress and visa is still valid for re-entry
. You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with NEWLY approved H1B extended petition.
Can dependent H4 stay in US when I go to India?
Yes it is perfectly okay for the H-4 dependent to remain in the US while the principal H-1B visa holder is in India
applying for a visa stamp at the consulate there…
How long it takes for H4 extension?
| Case Type Processing Time Service Request Date | Change of Status(COS) to H4 6 Months – 8 Months August 12, 2021 | H4 Extensions 6 Months – 8 Months August 12, 2021 |
|---|
Can I travel while waiting for my EAD?
IMPORTANT NOTE:
A student can travel outside the U.S. while an OPT application is pending as long as they re-enter the U.S. before their program completion date
.
Can I travel after H1B extension approval?
Travel on H1B While H1B Extension of Stay or H1B Amendment Is Pending With The Same Employer. b. He/she is going to return to the US before the expiration of the current H1B approval notice. Simply put,
if the individual's original H1B status has not expired, then H1B travel outside the US is generally allowed
.
What happens to H1B if I leave country?
Employer does NOT pay costs of return trip home: Under U.S. immigration regulations at 8 C.F.R. 214.2(h)(4)(iii)(E), employers must pay the reasonable costs of transporting H-1B workers back to their home country. However, if the a quits,
the employer is NOT responsible for paying these costs
.
Can I apply for H4 while my h1 is pending?
You can file your H4 extension (Form i539) using your spouse's pending H1B extension's receipt number
. Note that H4 will only be approved after the H1B is approved though. If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application.
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.
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.
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 after H4 biometrics appointment?
The same rule applies to F1 and L2 biometric appointments in the USA. 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 dependent travel on previous employer H4 visa?
Travel with old employer's H4 visa stamp
Yes, you can travel with current H4 and show the new H1B i797 to immigration officer at port of entry
. He will stamp your i94 with Oct 2019 date.
Can H4 dependent travel alone?
H4 visa holders
cannot travel alone anywhere
or stay anywhere for that matter without thr husband.
How long does it take for H4 extension approval after Biometrics 2021?
If you filed a standalone H4EAD, USCIS will approve your application as the i-765 form does not need biometrics. H4 EAD approval after Biometrics in premium
15 days
can be achieved if you follow this trick: File H1B, H4, and H4 EAD concurrently in regular. Wait for 10 working days after attending biometric appointment.
Does H4 extension need biometrics?
USICS biometric is required for all H4 and L2 extensions filed in the US
. The same USCIS biometric centers are also used for i-485 green card fingerprints.
Premium Processing for H4 COS, Extensions:
USCIS will provide option for H1B visa holder dependents, who are H4 Visa holders, to file Extensions and Change of Status (COS) applications that are typically filed using Form I-539 in Premium processing.
Does H4 and H4 EAD get approved together?
If you file H4 + H4 EAD concurrently then
both cases follow the same linked workflow and are mostly approved at the same time
. Most likely adjudicated by same officer.
Can I travel to India on EAD?
If I have to travel to India now can I return on an approved EAD?
An EAD is not a travel document and one cannot use it to enter the U.S.
An individual who is approved for Advance Parole can enter the U.S. with this approval.
Can I travel internationally with H1B?
Traveling during your H-1B status.
You can travel abroad during your H-1B status
. Your trip may be personal (to visit relatives, for example) or professional (to attend a conference or work with colleagues overseas).
Can I apply H1B extension from India after i140 approval?
You can file an H1B extension after 6 years easily with approved i140
. This will be cap exempt. With approved i140, you are eligible to file 3 year H1B extension. With approved PERM and pending i140, you can only file a 1 year H1B extension, and that too if PERM was filed 365 days ago.
Can I stay in India for 6 months on H1B?
Simple answer is:
Yes, H1-B holders can work remotely from a different location, including another country like India.
Is it true that if you have had H1B in the last 6 years you can apply for a new H1B visa without the quota restrictions?
After working for a solid six years, the H1B holder must remain outside of the US for a full year before being able to apply for another H1B for a fresh six years
. When she does reapply, she will be subject to the cap.
How many days can I stay in India on H1B?
There is
no time limit
. However, the H-1B visa must be valid in order for you to return to the U.S. Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law.
