Reported USCIS RFEs Signal Travel Risk for Initial H-4 EAD Applicants

H-4 spouses with pending initial employment authorization applications may face increased risk if they leave the United States and remain abroad while USCIS reviews their cases.

On November 9, 2026, immigration law firm Reddy Neumann Brown PC reported receiving Requests for Evidence (RFEs) in initial H-4 Employment Authorization Document cases where applicants departed the United States after filing Form I-765. According to the firm, USCIS questioned whether applicants who remained abroad could establish that they were currently in H-4 status. (rnlawgroup.com)

This appears to be an emerging adjudication issue—not a formally announced nationwide travel ban. As of November 9, 2026, USCIS has not published a rule or public alert stating that every pending initial H-4 EAD application will be denied when the applicant travels.

What Are the Reported H-4 EAD RFEs Asking For?

The reported RFEs concern initial Form I-765 applications filed under category (c)(26), which covers certain H-4 spouses of H-1B workers.

USCIS’s Form I-765 instructions require an H-4 EAD applicant to provide documentation of a current H-4 admission or approved extension of stay. The applicant must also show that the principal H-1B spouse either has an approved Form I-140 or has received a qualifying H-1B extension under the American Competitiveness in the Twenty-First Century Act. (uscis.gov)

Reddy Neumann Brown reported that USCIS is now asking some applicants who traveled abroad to prove they remain eligible for the EAD. In one reported case, an applicant filed in July 2025, departed approximately two weeks later and received the RFE after the application had been pending for more than 15 months. (rnlawgroup.com)

The report does not establish that USCIS is applying this approach to every initial or renewal application.

Why Is the Travel Issue Unclear?

Archived USCIS guidance from 2015 said an applicant in valid H-4 status could travel while Form I-765 was pending, although travel could delay the case or lead to an RFE or Notice of Intent to Deny.

That guidance also stated that an applicant must be inside the United States and in H-4 status when applying. The newly reported RFEs suggest that some USCIS officers may also be examining whether an applicant can establish current H-4 status when the agency adjudicates the application—not only when it was filed. (aila.org)

The consequences depend heavily on the type of filing:

An EAD is also not a travel document. Approval of Form I-765 does not independently permit an H-4 spouse to enter the United States; the traveler must satisfy the applicable H-4 admission requirements. (aila.org)

What Should Applicants With Pending Cases Do?

Applicants should evaluate international travel before leaving the United States, particularly when an initial H-4 EAD or an H-4 change of status remains pending.

Practical considerations include:

• Review the complete filing history. Determine whether the I-765 is standalone or depends on a pending Form I-539.
• Monitor the USCIS account and mailing address. An RFE response deadline continues to run even when the applicant is abroad.
• Follow the exact RFE deadline. USCIS generally does not grant additional time to respond, and evidence should be submitted together as a complete response. (uscis.gov)
• Discuss return travel with an attorney. If an applicant receives this type of RFE while abroad, counsel may evaluate whether returning in H-4 status and submitting the new Form I-94 would address USCIS’s concern. Reentry is not guaranteed and depends on valid travel documents and admissibility.
• Do not assume that refiling is always necessary. The appropriate response may depend on the RFE language, travel dates, H-4 validity and the principal spouse’s H-1B and I-140 records.

Applicants should not submit a partial response without understanding the consequences. USCIS may treat an incomplete response as a request to decide the application using the existing record.

What Does This Mean for F-1 and H-1B Families?

This development is most relevant to families in which an F-1 student or worker has changed—or is attempting to change—to H-4 status and apply for employment authorization.

For example, an F-1 student who files Form I-539 to change from F-1 to H-4 together with Form I-765 could abandon the change-of-status application by departing while it is pending. Without an approved H-4 change of status, the related H-4 EAD application cannot be approved.

This reported RFE issue is separate from the previously announced regulatory agenda item considering a future H-4 EAD rollback. It does not mean that the H-4 EAD program has been eliminated.

Changing from H-4 to F-1 may be an option for some people whose primary purpose is studying, but it is not an automatic solution to an EAD delay. F-1 employment benefits do not begin merely because a change-of-status application has been filed. Applicants considering that route should review the requirements in the H-4 to F-1 change of status guide.

Frequently Asked Questions

Is international travel now prohibited for everyone with a pending H-4 EAD?

No. USCIS has not announced a blanket prohibition on travel for all H-4 EAD applicants. However, the reported RFEs show that remaining abroad during adjudication may create additional eligibility questions for some initial applicants. Anyone considering travel should obtain case-specific advice before departing.

Does leaving the United States automatically cancel a standalone H-4 EAD application?

Not under a publicly announced blanket rule. Nevertheless, USCIS may ask whether an applicant who remains abroad can demonstrate current H-4 status. The outcome may depend on when the applicant filed, whether they were in H-4 status at filing and whether they return in H-4 status before USCIS decides the case.

What happens if Form I-765 was filed with an H-4 change of status?

Leaving while the Form I-539 change-of-status request is pending generally results in abandonment of that request. Because the initial EAD application depends on approval of H-4 status, USCIS may also deny the Form I-765.

Can an H-4 EAD approval notice or card be used to enter the United States?

No. An H-4 EAD is evidence of employment authorization, not permission to enter the country. An H-4 traveler must have the appropriate passport, visa or other entry documentation and remain eligible for admission in H-4 classification.

Does this change CPT or OPT rules for F-1 students?

No. The reported RFEs concern H-4 employment authorization under category (c)(26), not Curricular Practical Training or Optional Practical Training. The issue may become relevant when an F-1 student files to change to H-4 status, especially if the person travels before USCIS decides the Form I-539.

Sources:

• USCIS Instructions for Form I-765, Application for Employment Authorization
• Archived USCIS FAQs on Employment Authorization for Certain H-4 Dependent Spouses
• USCIS Policy Memorandum on RFE Response Timeframes
• Reddy Neumann Brown PC: The Finish Line Keeps Moving for H-4 EAD Applicants