H4 EAD expiring H1b COS filed in Premium Processing

My H4 & H4 EAD is expiring on 6th of July 2020. My husband’s H1b extension is already approved in premium processing .

My H4 approval is waiting for biometric ( not sure when they will reopen ASC for biometrics ) . Also my employer has already filed LCA for my H1b out of cap , change of status in premium processing .

LCA is expected to come by 28th June. Then my employer expects to file my H1b out of cap change of status in premium processing on 29th/ 30th June 2020. This gives USCIS 5/6 calendar days to approve my H1b .

Standard timeline for H1b premium processing is 1 to 15 days. Wondering what happens incase my H1b is not approved by 6th July I.e. my H4 expiry date.

Will H1b cos still be under processing or cancelled ? As per my HR if H4 or H1b does not come by 6th of July , my employment has to be terminated per work authorization rules . Please suggest.

If your H4 EAD expires, then you can not work. Simple.

Most good employers terminate the employee as I-9 cannot be renewed to report legal Employment.

Now, what happens to your H1B is a separate matter.

Thanks Anil !

I completely understand my H4 EAD scenario.

My question was about H1B .

Yesterday LCA also came for H1B. Tonight my employer should be filing my H1b.

That gives us approx 1 week to receive H1B approval / results.

What happens if approval does not come in time- on or before 6th of July (my H4 EAD expiration date) ? My employer said USCIS will ask them to withdraw petition in this scenario.

Incase we have to withdraw petition can we file new H1B with new offer letter with future date (H4 EAD still pending state). Please suggest.

I suggest to read this to understand the situation: