H1 to H4, H4-EAD with H1 Extension Pending

Hi Anil,

I am currently on H1B which is expiring in Nov. My extension has been filed and yet to receive any response on it.
I am planning to file COS to H4 and H4 EAD now.
Can I initiate an application for the same considering my extension is still pending for USCIS adjudication?
Also, can it impact my extension result in negative way?

There is no negative impact that i see. You can file it.

Hi Anil, thank you very much for serving the H1b community. Your answers are really helpful for all of us. I need some clarifications on my case as well. Can you please help me?

  • I came back to US after getting H1b stamped in India in 2014. Since then, I have not visited India. By April’18, I had completed my 6 years status on H1b. By that time, my I-140 was approved with my current employer. But in April’18, applied for H4-EAD and got it approved valid until 04/12/2021. So in 11/07/2020, I again applied for H4-EAD extension which was pending even after 04/12/2021. So my employer applied my COS from H4 to H1b extension based on my approved I-140 on 04/27/2021. On 06/16/2021, my H1b got approved. On 06/17/2021, my H4-EAD extension also got approved. Can you please tell me whether I can work on H1b status or H4-EAD status as it was approved last. How do I find my status. In my passport, my last stamping in 2014 was on H1b status. If its based on latest I-94, will it be attached with the latest approval copy either with H4-EAD or H1b extension? Appreciate your reply. Thank you!

Your current status is H1B. Even if your H4 EAD got approved, it can’t be used without a valid H4 status.

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