H1B to H4 EAD - Employment break?

USA H1B Visa
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1

I am planning to move from H1B to H4 EAD based on my wife’s I-140. My wife is submitting her H1B extension application and attaching my H4 [Change of Status from H1B to H4] and EAD petition. I read it online that I need to take a break between H4 approval and H4 EAD approval. I have the following questions?

  1. I need to take a break from the time H4 approval to EAD Approval or H4 Approval to the time I receive EAD Card ?
  2. I want to continue with the same company on H4 EAD, What exactly is the break means is it quitting and rejoining again or taking an unpaid leave ?

Thanks

2

H1B to H4 COS

Once your H1b to H4 change of status application is approved, you will get a new i94 with H4 status.

The status change happens on the date of approval or the date you requested in your H4 COS application.

H4 cannot work without EAD

Once you are on H4 status, you cannot legally work in US unless your H4 EAD has been approved too.

It is possible that H4 EAD approval takes 1 day to 2 months time after your H4 COS is approved.

waiting time between H4 and H4 EAD

This is the time when you cannot work as your status has been changed to H4 and you no longer are using H1B.

Does that make sense?

Start work with H4 EAD card

You can start working again for your employer once you get your h4 EAD card in Hand.

H1B is better as H4EAD revocation is going on

But, on the other note, i suggest to stay on H1B as DHS has just submitted the proposal to revoke H4 EAD work authorization just today.

1 Like
3

Hello Anil.

I am on similar situation . My H4 EAD is expiring on April 2019 and spouse company is not extending her H1 on premium processing so I can’t apply for H4 EAD extension

I have H1 approved petition . My current employer had filled for my H1 status of status (from H4 to H1) on Feb but it can be process in premium processing

Can I work from India with same employer until my H1 is approved ? Do I need to change my I9 form as I don’t have valid US work permit and need to move to India pay scale

My Employer is also ready to apply for Canada Work permit for 6 month if that an option

Please suggest ?

4

Working from India does not affect H1B

Once you are out of US, H1B is out of picture.

You can work for any Employer as per Indian laws.

1 Like
5

Hello Anil,

Thank you for your response. I have one more question. I am currently on CAP-Exempt H1B and want to move to industry. My spouse I140 got approved last week and her H1B expires in Jul 2019.

We are applying H1B extension + H1 to H4 COS + H4 EAD.

Can USCIS deny my spouse’s extension but approve my COS from h1 to h4 with an end date of Jul 2019?

Thanks.

6

H4 is a dependent visa and solely depends on the primary H1B.

If H1B is denied for your spouse, your H1B to H4 as a dependent will also be denied.

7

But her current H1B is still valid until July 7th 2019. By any chance do they approve my H1 to H4 COS based on her previous I797 petition.

8

It depends on the basis you apply for your H4 with.

If you apply your H1B to H4 COS using her currently H1B approval until July 2019, USCIS will consider it.
But, realistically, there is no chance as H4 COS is taking over an year to get approved.

So, by the time your application is adjudicated, your wife;s current H1B i797 would have been expired and you will get an RFE to submit a new approved H1B i797.

9

Thanks, We are applying in premium as she is with the same client in the same role.

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A post was split to a new topic: Withdraw H4 extension after H4 to H1B COS approval?