Apply both H1 change of status & H4-EAD at same time. What happens if H1B gets approved?

USA
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1

Hi All,
My spouse is currently on H4.
An employer applied her H1 (in COS) but it got RFE, response has not yet been submitted. In the mean time, my I140 got approved and I am planning to apply for her H4 EAD.

Can someone please clarify following If my spouse’s H1 RFE response and her H4 EAD application are applied/submitted at the same time and H1 gets approved before H4 EAD, what happens to H4 EAD application.

Will that be valid?

2

Both are two different things and are not related.

It does not make any difference to H4 EAD if the H1B gets approved for your wife.

The H4 EAD will have its own result.

Later, when your wife wants to work, she has to choose what status (h1b or H4 EAD) she wants to use to work.

3

Thank you @Anil_Gupta .

Since H1B is filed in change of status request, so if it gets approved before H4 EAD, status of my spouse will be H1 and not H4.

Will it impact her H4 EAD application result or will that be a problem in future H4 EAD applications.

4

I don’t think there should be any issue as such.

You are right that if her H1B gets approved, she will be automatically moved to H1B status as you have filed the application with Change-0f-status request.

She will then have to start working on H1B to maintain that status.

At that time, if her H4-EAD is still pending, she can start using her H1B.
If her H4-EAD gets approved earlier than H1B, then she can choose to either work or stay at home as per her choice.
But, once her H1B is approved, she will be automatically be moved to H1B status.

There will be no impact of decision of one application on other. They are both adjudicated (judged) separately and decision is based on the documents that you submitted for each application separately.

5

Hi Anil_Gupta,

Currently I am in the same situation. My H4 EAD petiotion was approved today but my COS to H1B already got approved on Sep 2019.
So please let me know whether my EAD will be valid to use ?
Can I go back to H4 and use this EAD ?

6

Hi @Priya43

EAD stays valid but you can use it only if your status on most recent i94 shows as H4.

You can file H1B to H4 COS and use H4 EAD once H4 is approved.

7

Thank you for your reply. Instead of applying COS Can I go for H4 stamping to any near by country ( Canada or Mexico ) and use my EAD ?

( I didn’t get my H1B stamping done as it was a COS from H4 to h1 also I didn’t go out of US for past 2 years)

8

You can go to Mexico or Canada to get H4 visa stamp.

9

Thank you so much Anil. One last question, I have applied the EAD with my husband’s company A H1B and now he moved to company B.

Company A petition is valid until Jan 2022 ( which I applied with) company B’s approval Nov 2022.

So I believe I should appear for H4 interview with company B petition. My EAD will have the validity of company A. Will it cause any issues ??

10

I don’t see any issue.

11

Anil,

Am in the same boat.

I was in H4EAD from 2015, my recent H4EAD got extended from May 02nd 2019 to May 2022, has I94 in the I539. My employer also applied me H1 on 2018 but after RFE it got approved from May 02nd 2019 till May 2021, has I94 in the I797.

Both H1 and H4 has same start date. H4 is stamped in my passport when I went to India on June 2019 and recently I went to India again in Mar 2020 and came back with a I94 in POE with H4 status.

I want to be on H4EAD, I believe am currently in H4EAD though start date for both H1 and H4 are same but stamping in my passport and latest I94 are for H4. Can you please share your input on this.

Rgds,
Meena

12

The most recent I94 defines your current status. If it says H4, then your status is H4 at this time.

13

Thanks Anil.

Rgds
Meena

14

Hi Anil,

Thanks for responding on our queries.

I got my H4 EAD extended recently till May 2022. Last week my employer has filed H1B for me and had received the notice for same.

Will there be any start date on H1B, Can i inform my attorney to have future start date?
Or Can I request for a change in start date once it is approved?

Also which status would be valid, once my H1B is approved? Will I be on H1B or H4?
Will H1B is active only after I get it stamped or immediately after approval?

Your response will be highly appreciated.

Thanks
VNT

15

Hi @VNT

Looks like you have no idea about what H1B is.

Have you filed the H1B first time in lottery? If yes , then read these:

16

Hi Anil,

Thanks for your post!

I already have a H1B and moved to H4 status for some personal reasons and started working on H4-EAD. Now, my employer has initiated a H1B transfer for me.

Thanks
VNT

17

Then, read this: