H4 EAD Extension

[PrabirNandi]

I have applied my H4 extension (I-539) and H4 EAD ( I-765) together on Nov 2020 and still under processing. As you know it is taking long time for USCIS to adjudicate approval due to covid situation. I need to go India for a medical condition of my family member. My husband's H1B visa got approved on December 2020 and its valid till Oct 2023. I have few question as mentioned below.

1 If I go to India I should be able to do H4 visa stamping using my husband H1B approval right?

2. And also what will happened to H4 EAD (I-765) extension that is currently processing? Do I need to file H4 EAD (I-765) extension again when I will come back from India or it will still continue processing until approval?

Thanks in Advance.

[rkk09]

Hi,
Here is my response.
1 If I go to India I should be able to do H4 visa stamping using my husband H1B approval right?
Answer: Yes.. You can do that. Instead of waiting for H4 petition result, you can go for Stamping and Approve then come back to country on H4 Ext visa.. But, Please make sure, Onceyou get H4 Visa stamp at consulate, you will need to withdraw your H4 petition that you filed with USCIS.

2. And also what will happened to H4 EAD (I-765) extension that is currently processing? Do I need to file H4 EAD (I-765) extension again when I will come back from India or it will still continue processing until approval?
Answer: Not required to withdraw.. But, You may expect RFE on H4 EAD petition to request H4 Approval.. At the time, you can include H4 visa stamped page.. Please note, for adjudicating H4/At the time of Adjudicating H4 EAD, you will need be in USA.. Otherwise, you may get RFE to request I-94 copy too.
Thanks

[PrabirNandi]

Thank you rkk09 for your reply. As I understand I need to withdraw my H4 extension after I come back to USA with H4 Visa stampeded and H4 EAD extension will still continue to process.
What is the standard process to do that, I just simply send a letter to USCIS saying to withdraw my H4 Extention?
Also while doing withdrawal process, can I send Visa copy and new I-94 to USCIS to process H4 EAD extension or I will share them if only I get a RFE for H4 EAD?

Thanking you.

[rkk09]

Hi,
As I understand I need to withdraw my H4 extension after I come back to USA with H4 Visa stampeded and H4 EAD extension will still continue to process.
Answer: Yes. You will need to withdraw H4 petition alone. Please make note, When you send Withdrawal notice to them, Please include copy of H4 receipt notice that you would have received.
What is the standard process to do that, I just simply send a letter to USCIS saying to withdraw my H4 Extension?
Answer: As soon as you reach country, send the letter to them to request withdraw..
Also while doing withdrawal process, can I send Visa copy and new I-94 to USCIS to process H4 EAD extension or I will share them if only I get a RFE for H4 EAD?
Answer: Yes.. You can not send like that. If you get RFE to request these kind of documents only you can do.
Thanks

[PrabirNandi]

thanks @rkk09