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AnkitG

H1 to H4 COS EAD filed, but travelled outside country and got H4 approved via consulate

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Hi,

My wife was on H1 and her I94 got expired in June 2017. Since no decision came from USCIS we had to file for COS to H4 and also filed EAD concurrently.

Later we came to know that employer will withdraw H1 as nothing is coming, so she travelled to India so she don't get illegal status. In this case the COS filed automatically becomes void/abandon as she travelled outside country.

Now we got the H4 for my wife via Consulate that got approved and she will be coming back to US on stamped H4 at consulate.

Questions:

1) Do we need to withdraw H4 COS (I-539) that we filed when she was here but should be now void?

2) What happens to EAD that we filed concurrently with COS (which is void now). Do we need to withdraw EAD as well as the COS is void but new H4 is available. If not, do we need to somehow inform USCIS that my wife got valid H4 via consulate andn they should consider that H4 approval for EAD processing?

3) Is there a chance that the filed H4COS and EAD may be denied as COS is abandoned and based on that they may deny EAD even though she got H4 approved via consulate? Or there may be a chance that we may get RFE for EAD saying associated H4 is abandoned - explain and then in response we send them our H4 approval via consulate?

 

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1. NO. That is redundant now.

2. She will need to apply for a H4 EAD.

3. Her COS will be denied as she left. It would seem the administration wants to eliminate H4 EAD and so she should try getting a new H1 sponsor.

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