File H1B to H4 COS and H4 EAD

Hi Anil,

I am currently on H1b and my husband is also on H1b, I am planning to move to H4 EAD what are the chances of getting an approval? knowing that they are planning to close the H4 EAD now.

Also how much time does it take now, to get an approval?

and does anytime H4 gets approved first but EAD is still pending?

I do not suggest moving to H4 EAD especially when revocation of H4 EAD is actively been worked on by DHS.
The processing times are tracked daily here:

The biggest time will be consumed by H1B to H4 COS application and it can take about 8 months.

I have seen cases where H4EAD is approved prior to H4 but these are RARE cases. Technically, H4 EAd cannot be approved unless you are in H4 status. So, do not rely on it.
Take decision based on H4 processing time and then H4 EAD.

if you do want to move to H4 EAD, my suggestion is to go out of US, get H4 stamp and then enter US with H4 Status. Then, you can file H4 EAD to cut the H4 COS time entirely.

I am currently on H1b with visa valid until july 2020 and maxout in Dec 2020. My spouse has approved i-140 and wanted to know. Can I apply for COS to H4 and EAD in parallel to working on H1? How long does it take for COS and EAD?

Hi @Priya2

You can file both H4 COS and H4 EAD together.

Can I continue to work on h1 until cos is approved?

And how does one know where which processing Center cos application would go to?

You can continue working using H1B as long as its valid and your H4 COS is not approved.

You will get a H4 COS receipt number and that receipt number can tell which service center is processing your case.

If I apply for COS h1-h4 in March and then my company applies for h1 extension in April-May… which application will take precedence? Would be based on sequence in which I applied or getting the result?

Hi @Priya2

As i mentioned earlier, nothing gets precedence over other.
It depends on USCIS as to which one they approve first. You cannot control the timing.

My suggestion is to go out of US and get H4 visa stamp rather than filing H4 COS. This will save you from unnecessary stress. Rest is your choice.

H1B to H4 change of status
I have read about the posts here. Had some specific questions if i can get help

  1. Would like to file for H1B to H4 COS for my spouse. Currently working. Can she just quit the job immediately (work pressure and environment issues) and apply for COS after sometime to see if find some new employer to file transfer?
  2. Or Can we apply for COS immediately online? And withdraw if we get new employer.
  3. Can we apply for H4 EAD along with COS online ? is that withdraw-able
  4. Any preference on applying for COS online vs through paper filing ?

Thanks for the help

You can wait and file H4 COS later if you can use H1B 60 day grace period.

Using 60 day grace period by intentionally resigning is a gray area and it depends if you want to take that risk.

Filing online is easier and fast as you get the receipt number immediately.

Sure thank you. One more question on this. If we file change of status immediately.
Can we withdraw the COS application if we find employer before approving or may be 60 days for H1B transfer independent of transfer please?

You can withdraw it but there will be some complexities after 60 day period.

Thank you very much Anil

Hi team,

My spouse got valid H1B that expires in Dec 2021 and we filed H4 COS and H4 EAD with an effective date of 1st Feb 2021. Can someone help with the following questions?

  1. If there is no update on H4 COS after 1st Feb 2021, can she continue working with current H1b employer until H4COS is approved?
  2. Does H4 COS and H4 EAD gets approved together usually?

Thank you

Hi @skc6

You should stop working on H1B on Feb 1, 2021 even if H4 COS is pending at that time

H4 COS and EAD do not get approved on same day normally.