Traveling While H-4 EAD Is Pending: What You Can and Cannot Do

H-4 EAD Travel While Pending: What You Can and Cannot Do (2026)

Whether you can safely travel while your H-4 EAD is pending depends entirely on what you filed and how you filed it. Get this wrong and USCIS will deny both your status change and your work permit.

If you're waiting on your H-4 EAD and need to leave the country, the answer depends on your situation. if you already have H-4 status and only filed Form I-765 for your EAD, you can generally travel without losing your pending application. But if you filed Form I-539 to change your status to H-4 along with your I-765, USCIS will generally consider the I-539 abandoned if you leave the United States before USCIS makes a decision (and USCIS notes there are some exceptions). Because the I-765 depends on approval of the I-539 change of status, the I-765 may also be denied. This guide covers every scenario, what documents you need, and what changed in 2025-2026. For a full overview of the H-4 EAD application process, start with our complete guide. And if you're not sure whether you qualify, check your H-4 EAD eligibility before making any travel plans.

The Critical Rule: Standalone EAD vs. Change of Status + EAD

Standalone EAD vs. change of status + EAD—this distinction determines whether you can travel.

Scenario 1: You're already in H-4 status and filed only Form I-765 (standalone EAD)

If you entered the U.S. on an H-4 visa (or already changed to H-4 status) and then filed Form I-765 to get your EAD, you're generally safe to travel. USCIS says directly: "You may travel if you are in valid H-4 status and meet all the requirements" (USCIS H-4 EAD FAQ). Your I-765 keeps processing while you're abroad.

But "generally safe" comes with risks. While you're outside the U.S., USCIS might send a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). If you don't respond on time, your case could be denied (USCIS H-4 EAD FAQ). You also need valid documents to re-enter.

Scenario 2: You filed Form I-539 (change of status to H-4) along with Form I-765

This is where people get into serious trouble. If you're currently in a different visa status (say F-1, L-2, or B-2) and filed Form I-539 to change to H-4, plus Form I-765 for your EAD at the same time, do not leave the United States while the I-539 is pending. USCIS generally considers a change-of-status Form I-539 abandoned if you depart before USCIS makes a decision (and USCIS notes there are some exceptions). Because the Form I-765 depends on approval of the change of status, the Form I-765 may also be denied.

This applies even if you're re-admitted as an H-4 nonimmigrant at the border. Even if you get a new H-4 visa stamp abroad. The pending I-539 is dead the moment you leave, and your concurrent I-765 dies with it. If you need to understand the I-539 process better, read our guide on Form I-539 for H-4 visa holders.

Here's a quick summary:

What Happens When You Travel With a Standalone H-4 EAD Pending

So your I-539 is approved (or you never needed one), and you only have a pending I-765. What to expect:

USCIS continues processing your EAD while you're abroad. There's no rule that requires you to be physically present in the U.S. for your I-765 to be adjudicated. Your case stays in the queue.

That said, there are real practical risks:

RFE and NOID timing. USCIS sends these to your U.S. address. If you're overseas and miss the response deadline, your application can be denied. Have someone you trust monitor your mail, and check your EAD application status online regularly while traveling.

Biometrics scheduling. If USCIS schedules a biometrics appointment while you're abroad, you'll miss it. You can request to reschedule your biometrics, but this adds processing delays.

EAD approved while abroad. If your EAD card is mailed to your U.S. address while you're traveling, that's fine. The card will be there when you return. But your EAD card is not a travel document or entry visa. You cannot use it to re-enter the U.S. (USCIS H-4 EAD FAQ).

New I-94 on return. When you re-enter the U.S., you'll get a new I-94 record. Your EAD validity is tied to your H-4 I-94 expiration date, so the new I-94 may affect when your EAD expires.

The I-539 Trap: Why Travel Abandons Your Change of Status and Your EAD

The #1 mistake people make: leaving while I-539 is pending.

USCIS guidance is clear: if you've filed Form I-539 to change to a different nonimmigrant status, USCIS will generally consider the Form I-539 abandoned if you leave the United States before USCIS makes a decision (and USCIS notes there are some exceptions). If your Form I-765 depends on approval of that change of status, the Form I-765 may also be denied if the I-539 is denied as abandoned.

People often ask: "But what if I get an H-4 visa stamp at the embassy and come back in H-4 status?" It doesn't matter. USCIS explicitly says that "even if you are re-admitted as an H-4 nonimmigrant," the pending I-539 and I-765 are still denied (USCIS H-4 EAD FAQ). You'd need to file both forms again from scratch after re-entry, paying the full fees again.

What about emergencies? If you have a family emergency and truly must leave while your I-539 + I-765 are pending, accept that both applications will be denied. Plan to refile after your return. There's currently no exception or waiver for emergency travel in this situation. If you need help preparing a new application after returning, Immiva can help you file your H-4 EAD application quickly.

What About H-4 Extensions Pending With EAD?

H-4 extensions with pending EAD applications are a gray area. An H-4 extension (I-539 asking to extend, not change, your status) is different from a change of status, but the travel rules are not identical to H-1B extensions.

For H-1B holders, USCIS says that departure while an extension petition is pending "will generally not serve as a basis to deny the extension request" (USCIS H-1B FAQ). But this favorable rule does not automatically apply to H-4 extensions filed on Form I-539.

The safest approach: if your H-4 extension (I-539) is still pending and you filed your I-765 with it, wait until the I-539 is approved before traveling. Once the extension is approved, your pending I-765 becomes effectively standalone, and you can travel with the same risks described above.

Documents You Need to Re-Enter the United States on H-4

Assuming you're in a scenario where travel is safe, what you need at the border:

For international travel (outside Canada/Mexico):

• Valid passport with at least 6 months remaining validity
• Valid, unexpired H-4 visa stamp in your passport
• Copy of your spouse's current H-1B approval notice (Form I-797)
• Marriage certificate
• I-765 receipt notice (Form I-797C) showing your pending EAD

You will receive a new I-94 upon re-entry. Verify it's correct at i94.cbp.dhs.gov. For more on how the I-94 works, see our I-94 explainer.

For short trips to Canada or Mexico (automatic visa revalidation):

If your H-4 visa stamp has expired but you have valid H-4 status, you may be able to take short trips to Canada, Mexico, or adjacent islands and re-enter without getting a new visa stamp. This is called automatic visa revalidation (22 CFR § 41.112; State Department Auto Revalidation Page).

Requirements for automatic revalidation:

• Trip must be 30 days or less
• You must have a valid, unexpired passport
• Your I-94 must show valid H-4 status
• You must NOT apply for a new visa during the trip
• You must NOT be a national of a country designated by the U.S. government as a state sponsor of terrorism (for example, Cuba, Iran, North Korea, and Syria).

How 2025-2026 Policy Changes Affect H-4 EAD Travel

A few recent policy changes make travel planning more complicated for H-4 EAD applicants in 2026.

Auto-extension eliminated (effective October 30, 2025). DHS published an interim final rule ending the practice of providing automatic EAD extension periods (including the up-to-540-day automatic extension) for EAD renewal applications filed on or after October 30, 2025 (with limited exceptions such as where otherwise provided by law or certain Federal Register notices). If you're renewing your H-4 EAD and file your renewal on or after October 30, 2025, don't assume there's an automatic-extension "safety net" if processing takes longer than expected. Every day of additional delay from travel matters more now.

Visa stamping is harder. The State Department narrowed interview-waiver eligibility in an update dated September 18, 2025, effective October 1, 2025, and H-1B/H-4 renewals are not listed among the remaining interview-waiver categories. Many H-1B/H-4 applicants should expect to need an in-person interview. However, the State Department's interview-waiver policy also says that to be eligible for an interview waiver, applicants must apply in their country of nationality or usual residence (a restriction tied to waiver eligibility, not a blanket ban on applying in a third country in all cases). Add the State Department's expanded "online presence review" requirement effective December 15, 2025, which instructs H-1B and H-4 applicants to set social media profiles to "public," and you should expect longer processing times at embassies.

H-4 EAD program is legally secure. On October 14, 2025, the Supreme Court denied certiorari in Save Jobs USA v. DHS, effectively ending the decade-long legal challenge to the H-4 EAD program. Your EAD application won't be affected by this litigation. The program could still be modified through future rulemaking, but there's no current regulatory threat.

To avoid common filing errors that could delay your case further, review our list of H-4 EAD application mistakes to avoid.

Official Sources

This guide is based on current USCIS policy and federal regulations. All information was verified against these official sources as of February 2026:

USCIS Resources

• USCIS FAQs: Employment Authorization for Certain H-4 Dependent Spouses
• USCIS Policy Manual, Volume 10, Part B, Chapter 2
• USCIS Travel Documents Page
• USCIS Policy Manual, Volume 2, Part F, Chapter 8
• USCIS H-1B FAQ
• USCIS I-765 Page
• DHS Ends Automatic Extension of Employment Authorization
• USCIS Fee Schedule
• USCIS Processing Times

Federal Regulations

• 8 CFR § 274a.12(c)(26) - H-4 EAD eligibility category
• 8 CFR § 245.2(a)(4)(ii) - AOS travel abandonment rules (for comparison)
• 22 CFR § 41.112 - Automatic visa revalidation

State Department

• Automatic Visa Revalidation
• Expanded Screening for H-1B/H-4 Visa Applicants

Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.