Apply H4 COS and H4 EAD while on H1B

Hi Anil, I am on H1 and getting maxed out in Jun’19 and GC perm was submitted on Jan’19 so I am not sure if my perm would get approved before Jun’19. I am planning to convert to H4 and EAD based on my wifes 140. Trying to understand the processing time in the recent days.

Hi @Selva1

How can I help?

Hi Anil, I am on H1 and getting maxed out in Jun’19 and GC perm was submitted on Jan’19 so I am not sure if my perm would get approved before Jun’19. I am planning to convert to H4 and EAD based on my wifes 140. Trying to understand the processing time in the recent days.

Ho @Selva1
You have posted the exact same text again. I read it already in your earlier post.

What is your exact question? Please write to-the-point to help you.

My wife have the approved petition but her employer filed the amendment for a different project which is still not approved, during this time would i be able to apply for H4 and H4 ead?

Assuming your wife is on H1B at this time, you can apply for her H4 COS and H4 EAD.

Thanks Anil, whats the current processing time for H4 & H4 EAD? Also, would like to know if I need to be specific on selecting the processing centre while I apply. Just that my current H1 is getting maxed out on Jun 9th’2019

You cannot choose USCIS service center.

The service center is decided by USCIS based on your H1B receipt number.

Currrent H4 COS processing time:

Current H4 EAD processing time:

Thanks Anil, my attorney is saying that H1 to H4 approval is taking anywhere from 5months to 12 months period in time and for H4EAD its 1-5 months and if I get my H4EAD approval before H4 approval I am eligble to work is that the right? I just confused on is it possible to get the EAD approval before H4 application being approved even though its concurrent filling.

We are seeing many cases where USCIS has approved H4 EAD before H4 application. USCIS takes weird decisions!

I think you can work using H4 EAD if it is approved. The validity date should be current and you are fine.

Hi Anil, I have applied for my H4 and H4 EAD in Feb’19 based on my Wife’s H1.

In parallel, I have applied for my I140 and H1 and both(I140 & H1) got approved before H4 approval.

I continue with my H1, but after my H1 approval I missed to revoke my H4 and H4 EAD and today H4 EAD got approved but not H4. Can you please advice me on this situation?

Hi @Selva1

If H4 EAD has been approved, then H4 approval is on the way too in 2-3 days.

Once H4 is approved, your status will automatically change to H4 and on the date mentioned on the approval.

You can then use your H4 EAD to keep working. You will have to change your I-9 and inform your employer that you no longer have H1B.

Hi Anil, I would like to continue with my H1 as my H4 would be valid only till November 2019. What am I supposed to do on this case?

Hi @Selva1

You need to

  1. file H4 to H1B COS application OR
  2. go out of US, get H1B stamping and then enter with H1B to get on to H1B status.