Law Firm Reports Travel-Related RFEs for H-4 EADs

Some initial H-4 EAD applicants who traveled abroad are reportedly receiving Requests for Evidence asking them to prove current H-4 status before U.S. Citizenship and Immigration Services approves their work permits. The reports raise a practical warning for H-4 spouses considering international travel while Form I-765 is pending, but they do not establish that USCIS has announced a nationwide policy change.

What the Law Firm Reported

Reddy Neumann Brown PC said on November 9, 2026, that its office had seen Requests for Evidence, commonly called RFEs, involving initial H-4 employment authorization applications. According to the firm, USCIS records showed that the applicants departed the United States after filing and had not returned by the time their cases were reviewed.

The reported notices questioned whether those applicants had established current H-4 status. The firm described one case in which an applicant filed in July 2025, left the country two weeks later and received an RFE after the application had remained pending for more than 15 months.

USCIS has not publicly announced a new travel rule for pending H-4 EAD applications in the official materials reviewed. The law firm’s account therefore documents an emerging adjudication issue, not a formally published change affecting every applicant.

Why Current H-4 Status Matters

H-4 employment authorization is not available to every H-4 dependent. Under the Department of Homeland Security’s 2015 final rule, eligible applicants must be spouses of H-1B workers who have an approved Form I-140 immigrant petition or who received qualifying H-1B extensions under sections 106(a) and 106(b) of the American Competitiveness in the Twenty-First Century Act.

Current USCIS Form I-765 instructions also require applicants in category C26 to provide documentation of their current H-4 admission or extension of stay. Examples include a Form I-94 showing H-4 admission or a Form I-797 approving an H-4 extension. Because an EAD is granted through an individual USCIS adjudication, the agency must confirm that the applicant satisfies each requirement.

What Pending Applicants Should Do

The reports make travel planning more complicated for H-4 spouses, including families whose principal worker previously transitioned from F-1 status or Optional Practical Training to H-1B employment. Applicants considering travel should review the timing and evidence in their individual cases before departing.

Anyone who receives an RFE should follow the deadline and instructions printed on the notice. USCIS guidance states that additional response time generally cannot be granted, and requested evidence should be submitted together rather than through staggered filings. A partial response may trigger a decision on the existing record.

Whether returning in H-4 classification and submitting a new Form I-94 will resolve a particular RFE depends on the notice and case history. USCIS has not published specific guidance confirming that approach for the reported travel-related RFEs, so applicants should avoid assuming that reentry alone guarantees approval.

This article provides general immigration information and is not individualized legal advice.

Sources

• The Finish Line Keeps Moving for H-4 EAD Applicants — Reddy Neumann Brown PC (November 9, 2026)
• Instructions for Application for Employment Authorization — U.S. Citizenship and Immigration Services (August 28, 2024)
• Employment Authorization for Certain H-4 Dependent Spouses — Department of Homeland Security and Federal Register (February 25, 2015)
• Change in Standard Timeframes for Applicants or Petitioners to Respond to Requests for Evidence — U.S. Citizenship and Immigration Services (July 7, 2011)