Yes you can but eventually will have to consulate process you h1 or the employer will have to seek an amendment
.
Can H4 travel while H1B Transfer applied?
You can travel outside the US while H1B change of status is pending
. The risk of travel is that USCIS will automatically abandon your Change of status request. 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 an H1B visa.
Can I travel while my H1B is processing?
You must not travel outside of the U.S. while the petition is pending
. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned.
Can we travel while H4 is pending?
Yes, you can travel out of US, when your H4 Change of Status is pending
. But, the most important thing to understand is that your H4 COS application filed with USCIS using Form I-539 would be considered abandoned and subsequently denied, if you leave US when it is pending.
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
.
How long does H4 approval take?
It can take anywhere from
60 to 90 days
for processing of the EAD applications after RFE response was submitted.
Can I travel while my i 140 is pending?
You should not travel internationally while the travel document is pending
, or the entire process will be considered abandoned and your adjustment of status denied. After several months of waiting, you should then be scheduled for an interview with a USCIS officer.
Can I stay in the US while my H-1B is pending?
If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition
. However, you must stop working until the H-1B petition is approved.
Can I travel on H4 visa?
Once you have a valid visa you can freely travel in and out of the US in H4 Status
. Even if your H4 is about to expire, you can enter the United States and remain for the duration of the I-797 approval of the H1B principal.
Can I travel while my i 751 is pending?
May I travel outside of the United States while my I-751 is pending and my alien registration card has expired? Yes, while USCIS is processing the joint petition or waiver,
you can travel abroad even if the conditional resident card has expired
. The USCIS will issue you a receipt once it receives the I-751.
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 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 H4 be denied?
The visa sponsor (or principal applicant) must be able to take care of their H4 dependents. The application for the H4 visa will, therefore, be rejected by a 212(A)(4) refusal if the financial means of the principal applicant does not meet or exceed the state poverty line.
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”.
The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). As per the final rule published (29 Mar 2022), USCIS will NOT be able to start premium processing for H4 and H4 EAD until
30 Sep 2024
.
Can I travel while I-130 is pending?
If you are a foreign spouse,
you may apply to enter the United States via a tourist visa if you have a pending I-130 petition
, and wish to go back to your home country after the visit.
Can I travel while I 131 is pending?
Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad
. The pending Form I-131 will not be considered abandoned in this situation.
Can I apply H4 EAD without I-140?
The i140 category is not relevant for filing H4 EAD
. All three employment-based i-140 categories like EB1, EB2, and EB3 are eligible. You can file H4 EAD even if your H1B i140 is not approved yet using the AC21 rule by USCIS.
Can you travel while H-1B extension is pending?
CONCERNS OF TRAVEL WHILE H-1B EXTENSION IS PENDING
Please note that
you must be in the U.S. when the H-1B petition extension is filed
. If the extension is approved while you are abroad, you must reenter the U.S. using the new Approval Notice. This means that the documents must be sent to you while you are abroad.
How long can a person on H-1B work remotely outside US for a US company?
You will be able to work, but only for
30 days
. Therefore, you will have to file a new LCA for that particular location, as well as an Amendment for it before you reach the 30 days term.
Can I travel to USA with 2 months left on H-1B?
An H-1B holder who has current H-1B classification (either initial or extension) may reenter the U.S. with an expired H-1B visa stamp after a trip solely to Canada or Mexico (not to U.S. territories/ the islands in the Caribbean) that lasted no more than 30 days (22 C.F.R. § 41.112(d)).
