Transfer from H1B to H4-EAD without employment gap


Thanks a lot for taking time to answer my question.

I am currently on H1B visa but it expires in Oct 2020. My husband has filed for his green card and his I-140 is approved.
I will be eligible for H4 EAD but can I transfer from H1B to H4-EAD without employment gaps?

What is the process to go about this?

Can I concurrently apply for H4-EAD and my H4 visa? Will I get my H4-EAD visa before my H4 visa?


Hi @nikitha905

You may be able to convert from H1B to H4 EAD without employment gap if USCIS officer approves your H4 and H4 EAD on same day. Chances of this are 50-50.

You cannot be 100% sure that they both will be approved at same time.

You can concurrently apply for H4 COS and H4 EAD. Note that H4 COS usually takes about 8-12 months.