Extension

When used in relation to immigration, this is another name for extending your status.

Recording of Community Conference (Every Other Thursday) 2015, April 16

Immigration Law

Substantial transcription for video

Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And  Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.

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Should I Move from H-1B to H-4 EAD?

Question details

If an H-1B is valid for several more years, is it better to extend the H-1B or switch to an H-4 EAD?

Video URL
FAQ Transcript

The decision depends on the individual's tolerance for uncertainty. Staying on H-1B is generally safer for maintaining continuous employment authorization. Moving to H-4 EAD could lead to a break in authorization due to unpredictable USCIS processing times.

H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94

Question details

I wanted to seek your guidance regarding my pending H4 extension application. Below are the details:

I am on H4 status with my current visa valid until August 29, 2025.

My husband’s H1B extension has been approved, and we filed my H4 extension (I-539) along with his H1B. I received my receipt notice on April 2, 2025. Due to a family health emergency, I traveled to India on April 29, 2025, and re-entered the US on June 18, 2025, using my valid H4 visa. Upon entry, I received a new I-94 valid until [insert the expiry date on your new I-94 here, e.g., August 29, 2025]. I would like to confirm:

Will my pending H4 extension (filed prior to travel) be considered abandoned due to my departure from the US while it was in process?

Should I apply for a new H4 extension application? Is it recommended to recall the current H4 extension application and immediately fill a new H4 extension? Or should I wait till I get my H4 withdrawal approved?

If so, do I need to file a new H4 extension application before the expiry of my current I-94 to maintain my status beyond that date? 

Is there any additional action you recommend in this situation to ensure uninterrupted H4 status?

 

Video URL
FAQ Transcript

Your H-4 extension (I-539) will not be considered abandoned even if you travel internationally and re-enter with a new I-94 while it's pending. It's a common, though undocumented, rule that travel is permissible during an extension application, unlike a change of status. You do not need to refile your H-4 extension. For peace of mind, you can contact USCIS customer service to confirm.

Recording for June 12, 2025, Conference Call with Rajiv S. Khanna

Immigration.com

Citizenship and Naturalization

Immigration Law

FAQs: Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?