Important H-4 Visa Travel Reminder from USCIS
USCIS released an important reminder yesterday: applicants who are attempting to change their status to H-4 (dependent of H-1B) status should not leave the country during the application’s pendency. If they depart the country, the Change of Status application will be denied because the application will be considered to be abandoned. If the applicant files an application for Employment Authorization and departs the United States because the change of status is approved, that will also be considered abandoned with the Change of Status application.
H-4 status is for the dependents of H-1B principals. It is very restricted on work authorization, only permitting it for a subset of H-4 holders. The majority of H-4 visa holders are not allowed to pursue work authorization. An advantage of H-4 status is that it does not count against the time limit spent in H-1B or L-1 status. As many hopeful applicants have employers applying for their H-1B applications, it is important for family members in non H-4 status to be aware of the ramifications of traveling abroad while the H-4 change of status application is pending.