H4 EAD For Spouse who is on H1B

[RahulReddy6633]

Hi,

My wife and myself both have approved I140

- Can I use the option H4 EAD for my wife as primary applicant. In that case will I loose my H1B or it will be active or inactive state 

- If something happens to my wife visa its obvoius it impacts my H4 EAD in that can i move back to my H1B visa , will it be still active

-If I move back from H4 EAD to H1B again will I have to go through lottery or just H1B transfer to extenedd by H1B kota after 6 years

 

Thanks

 

[rahul412]

Yes, you can be on H4 and file for EAD. You can move back to H1 at anytime but you will need a new H1 from that employer.

[nvedia]

3 hours ago, rahul412 said:

Yes, you can be on H4 and file for EAD. You can move back to H1 at anytime but you will need a new H1 from that employer.

I do not think that is true

When is your wife's current H1B expiring? Did it already maxed out 6 years?

You can move to the same H1B as long as it doesn't expires or if it still has time left for  6 year time frame of H1B (whichever is longer)

[rahul412]

18 hours ago, nvedia said:

I do not think that is true

When is your wife's current H1B expiring? Did it already maxed out 6 years?

You can move to the same H1B as long as it doesn't expires or if it still has time left for  6 year time frame of H1B (whichever is longer)

Simply filing COS to H1 will never work, a new H1 has to be filed or exit and enter into US with that old H1.

[RahulReddy6633]

Thank you for the replies

My spouse H1B is is still Oct 2018 to complete the 6 years

My concern was - If something happens to her H1B - I will loose my EAD in that case I can fall back to my H1B - Which is true

my questions is  

- lets say i have 1 year of my H1B  kota left out for six years, as i am moving to H4 EAD to and in case of fall back from H4 EAD to my H1B, can i use this one year with same employer or can i use this 1 year with different new employer however my 6 year kota will finish April 2017

- can we continue the job till H4 is approved, lets say I filed for H1B to H4 tomorrow and if I get a approval notice after 1 month, can i still work that 1 month till i get approval notice or do i have to re-sign on the same day when I applied for h1b to h4 conversion, can we also apply parallelley both H1 to H4 and H4 EAD

 

Thanks

[JoeF]

2 hours ago, rahul412 said:

Simply filing COS to H1 will never work, a new H1 has to be filed or exit and enter into US with that old H1.

A COS to H1 is a new H1 on form I-129, with COS requested.

Form I-539 is never used for COS to H1.

[rahul412]

42 minutes ago, RahulReddy6633 said:

- lets say i have 1 year of my H1B  kota left out for six years, as i am moving to H4 EAD to and in case of fall back from H4 EAD to my H1B, can i use this one year with same employer or can i use this 1 year with different new employer however my 6 year kota will finish April 2017

- can we continue the job till H4 is approved, lets say I filed for H1B to H4 tomorrow and if I get a approval notice after 1 month, can i still work that 1 month till i get approval notice or do i have to re-sign on the same day when I applied for h1b to h4 conversion, can we also apply parallelley both H1 to H4 and H4 EAD

 

Thanks

1.Your 6 yrs is counted by the number of days you worked on H1, not by the validity of the petition. And any employer can file new H1 for you

2.Yes, you can work until your H4 gets approved. You can apply bot H4 and EAD but H4 gets approved first then EAD. So you need to take a break after H4 approval.