H4EAD to H1B change of status - When can i start working?

Hello Anil,
Wishing you a very happy Diwali. Please help me in understanding my possible option

Working on H4 EAD - Valid till April 2019

I am on H4 EAD valid till April 2019. My spouse is applying for H1 Extension soon but her company is not ready to do in premium (our bad luck) hence there is no way I will get H4 extension before April 2019.

H1B approved in 2016 lottery

My H1 was selected in 2016 lottery and approved for 1 years but I never used/stamped it as I was working on H4 EAD. Now my current employer is ready to activate my H1 on December/ January

  1. Can I continue working for current employer after April 2019 based on my Receipt number ?

  2. What will happen if my H1 extension is rejected

  3. What I need to do on April to change from H4 EAD to H1 ( based on receipt)

  4. My current employer is a US company and has zero H1 employee. I will be the first, Is this a problem?

  5. When should I start H1 Conversion process .?

Happy Diwali to you too.

H4 to H1B change of status needs to approved to start working

You can start working on H1B only after it is approved since your current status is H4. Your H1B change of status needs to be approved before you can work on H1B. Hence, if H1B extension is NOT approved before your H4 EAD expires, you cannot work.

I have explained this in detail here:

H1B extension and change of status is denied

If H1B extension is rejected and you do not have any other work authorization, you cannot work.

H1B Change of Status does not start based on receipt

You cannot change your status based on receipt. When you file H1B extension, you will file the option of ‘Change of status’ which means that your status will change automatically on h1B approval.

Employer with zero H1B emloyees

Zero H1B employees is not a problem but they may need to hire an experienced attorney to take care of H1B case.

When to file H1B extension and change of status

Start H1B immediately as H1B change of status is also taking ages these days. Check the processing time here:

Thanks a lot Anil for input. It seems I am in big trouble now and it is will difficult for me to continue my job post April 2019 in any case .
I have one last question.
Can my current employer do premium processing after Feb 2019 to activate my H1 and change of status?
Premium processing is on hold till Feb 2019, will USCIS extend it for more time ?
I appreciate all your input Anil… A big High five to you !!!

H1B premium processing is currently available for ‘No change’ H1B extensions at Nebraska service center. No- change means if your job profile is same as your last H1B approval, then you are eligible for premium.

Pay for H1B premium processing from your pocket

Why don’t you pay for your H1B extension premium from your pocket and get result quickly. Pay your employer the premium fees and ask them to file it.
I suggest to file all 3 - H1B, H4 and H4EAD in premium and you will most probably get all 3 approved within 15 days.

This will save your H4 EAD and any mental harassment that the delays and no-work permit may cause.

Not sure if USCIS will extend premium processing ban after Feb 19 or not. Its difficult to predict.

Hello Anil,

Desi company treat employee like a slave . There are not proving any help in premium processing with reason as it your personal matter company can not help and they are happy seeing us in pain.

They are also not allowing to pay from our pocket ( Big company small heart )

So as i am on H4 EAD, i am not eligible for H1 premium processing at Nebraska service centre till Fab 2019 , am i right ?

Nope, you are not eligible for premium as your current status is H4. You need to file H1B extension with Change of Status which unfortunately is NOT eligible for premium at this time.

Sorry and I can understand your pain. Consultancy company wants you to hang around with them as they know that filing in premium may work in employee’s favor.

A post was split to a new topic: Can H4 EAD work while H1B extension is pending