Need advise - H1 to H4 COS and EAD


Kish321

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I'm completing 6 years on my H1B in Nov 2017 and applied for COS from H1 to H4 on 19th Jun 2017, with the COS effective date as my H1B end date. Case is still in process and awaiting approval. I haven't applied for H4 EAD along with this application. As per the current processing times, I'm expecting my COS to be processed sometime in December.

Below are my questions:

1. At the end of my H1B completion date, should I leave the country or can I stay till my COS is approved?

2. Can I apply for H4 EAD before my COS is approved and provide reference to my COS receipt number?

3. If I have to leave the country, will my COS continue to be processed or should I just apply for fresh H4 application in India?

4. If I apply for H4 application in India, can I apply for H4 EAD from India as well? 

5. If I cannot apply for H4 EAD from India, can I just travel for a week to US again (after getting H4 from India), apply for EAD and go back to India and wait for EAD approval?

 

I'm asking these questions because, my company is ready to send me to India during this processing period and bring me back once I get EAD.

Looking for suggestions from people on this forum. Please help!

Thanks

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1. You can stay till the COS is approved as long as your spouse remains in valid H1 status.

2. No harm trying.

3. Once you leave nothing to change. No such entity called H4 petition. You get H4 status by changing to that status or returning with a H4 visa assuming your spouse is in valid H1 status.

4. You will apply for a H4 visa in India. You will need to be here to file your EAD.

5. It may be possible.

Why hypothesize over permutations ? Just discuss the situation with a lawyer and have your company pay for the lawyer.

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19 hours ago, pontevecchio said:

1. You can stay till the COS is approved as long as your spouse remains in valid H1 status.

2. No harm trying.

3. Once you leave nothing to change. No such entity called H4 petition. You get H4 status by changing to that status or returning with a H4 visa assuming your spouse is in valid H1 status.

4. You will apply for a H4 visa in India. You will need to be here to file your EAD.

5. It may be possible.

Why hypothesize over permutations ? Just discuss the situation with a lawyer and have your company pay for the lawyer.

Thank you so much for your response on this.

As suggested, will confirm with an attorney asap.

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