Can I travel to India when myH4&childH4 extn are in progress leaving my child in USA

[gksanam]

I applied H4 extension for both me and my child along with EAD(first time) on 7/12/21. I’m planning to travel to India due to an emergency, trying to find out the consequences.

1. What happens to my H4 extension if I get stamping in India?
2. What happens to my child’s H4 extension if I get stamping in India?
3. What happens to my EAD (This is the first time I’m applying for EAD)
   My spouse and child will be here in USA when I’m gone to India.

[rkk09]

Hi,
Please see my response below.
What happens to my H4 extension if I get stamping in India?
Answer: If you have filed H4 petition but you prefer to get H4 visa from consulate/ embassy then you can do it. Once you get visa from consulate/ embassy, you can withdraw the H4 petition they you filed with USCIS.
What happens to my child’s H4 extension if I get stamping in India?
Answer: There is high possibility of getting RFE. At the time of RFE, you will need to respond with clear clarification. You will need Immigration lawyer help in this matter.
What happens to my EAD (This is the first time I’m applying for EAD)
Answer: EAD petition will be remain under process. But, sometimes they may issue RFE to check about your maintenance of status. With the help of new I-94 and H4 visa approval, you can have smooth process.
Thanks