Apply H1b to H4COS+H4EAD - Is there a chance to get both of them approved at the same time?

(Neelima P) #1

HI,
I’m on H1b for the 5th year and my H1b expires 8/19/20. My employer may not file Green Card and hence I was wanting to go on H4 EAD.

My spouse H1b visa is approved till 7/12/2022. Also, his I140 is approved too.

I want to apply H1b to H4COS+H4EAD simultaneously. Is there a chance to get both of them approved at the same time?

Since I’m working on H1b right now, if I’m approved for H4 and H4EAD is pending, I know I can not work.

Also, can I do it myself or do I need to hire an Attorney. Please let me know the process of how to do it myself.

Thanks!

(Anil Gupta) #2

H4 COS Processing time

H1B to H4 COS will itself take more than 6 months at the current speed of H4 processing.

H4 Visa Stamp outside US

My suggestion is to go out of US and get H4 visa stamped. This is the fastest way to get on to H4 status.

Once you are on H4, enter US and then apply H4 EAD. You will get EAD within 3-4 months this way.

If you apply H4COS with H4 EAD, the chances are 50-50 that both may be approved at the same time.

Apply H4 COS and H4 EAD yourself

You can apply H4 COS and H4 EAD yourself if you follow our step by step form filling guide.


You can also opt for attorney if you do not feel comfortable filing them yourself.

(Neelima P) #3

Thanks for the prompt reply. Unfortunately, I cannot travel at this time. But just in case, the H4 COS approved and H4 EAD is pending, what can we do to be able to continue my employment until EAD is approved. Just wondering!

(Anil Gupta) #4

You cannot work if your H4 COS is approved as you immediately get on to H4 status.

H4 cannot work until H4 EAD has been approved and you have received your EAD card.

(Monika P) #5

Hi Anil,

I had applied both H1 and H4& H4 EAD this year. My H1 did not get picked and I am not sure when I would get my H4. Currently, I am doing my second Master’s and I am evaluating different scenarios and trying to find out which option I should choose, so as to make sure that I don’t do anything illegally. So, could you please guide me by addressing my queries.

Below are few dates related to my F1 status:

  • My F1 Visa Expiry Date: 10 June 2019
  • University program end date as per the I-20 : 30 August 2019
  • My current CPT End Date: 10 August 2019
  • H4 and H4 EAD receipt Date: 16 January 2019

Below are my questions related to H4 and H4 EAD:

  1. If I decide to not enroll in any college after 30 August 2019, can I stay legally in the US after 30 August 2019 because I have already applied for H4?
  2. If I can not stay in the country after 30 August 2019, how many days will I have to leave the country?
  3. If I want to go to consular processing for H4 in India, can I do it? Will my H4 EAD application still be valid? Or will it be rejected?
  4. If I do consular processing, get H4 and come to USA and my H4 EAD application is not denied, then, in general, how much time will it take for processing H4 EAD ?
  • If H4 EAD is denied and I reapply, then how much time it might take for processing?

Below are my questions related to F1, in case I want to continue working:

  1. If I want to transfer to a new college that offers Day-1 CPT and its start date is anywhere after 30th August (Eg: 20 September) causing a gap in my F1 status, will it be a problem? Will I be out of status for those days?
  2. I have checked a PhD program that offers day-1 CPT. The classes start on 26th August 2019. What would the best date to transfer my SEVIS from my current college to a new college?

Sorry for the long post. Hopefully, you can answer my questions.

(Anil Gupta) #6

Hi @monika
I must say that you are probably the first one to have formatted your questions in a way that’s easy for reading. I have not seen anyone else write with paragraphs and bullet points.

I have to format everybody’s question to even understand it clearly. :clap::clap:

I will answer questions related to F1 and OPT as H4 COS, travel and H4 EAD questions have already been answered above. Please read.

Day 1 CPT

I strongly recommend to NOT use day 1 CPT option. It is very dangerous and seriously hurt your future chances of staying in US.

Stay in US with pending F1 to H4 COS application

You can stay in US after your F1 visa ends if your H4 is still pending at that time.

(anonymous17) #7

Thanks Anil for your response and the compliment. I know its difficult for you to comprehend complex situations and the best way we can help you is by formatting our questions!

I understand you recommend going for consular processing for H4. But, one question related to this which is still confusing to me is:

Since I have already applied for H4 and H4 EAD simultaneously, and if I go for H4 consular processing in India, I understand that my current H4 will be rejected. But, will my H4 EAD application still be valid? Or will it be rejected too?

(Anil Gupta) #8

Your H4 EAD will not be denied. But, the chances are high that you will get an RFE to prove H4 status.

I usually recommend to file another H4 EAD application as soon as you enter US on H4 to expedite the approval.
It does involve paying fees again but saves on time.

Otherwise, you can simply wait for existing H4 EAD application result after entry to US.