H4/ H4 EAD Start date post H1B expiry

[Priyach0909]

Hello All !

My H1B visa is expiring in October'18 and my Labor is currently in process. Taking into account the processing times, it is not feasible for I-140 to be approved before October to get H1B extension. To handle this situation, I am planning to apply for H4 and then H4 EAD (if still allowed) to stay in status after H1B expiry.

While filing for H4 COS/H4 EAD, can I mention a start date for COS ? I don't want the H4 to start before H1B as I want to fully utilize my H1B work period. Can I choose a start date for H4 while applying to start after H1B expiry date ? Please advise.

[pontevecchio]

It would be simpler to leave on the day you finish with your H1 job or a couple of days later and return with a H4 visa for which you can make an appointment now. Then return and apply for the H4 EAD.

If you are not too bothered, file a COS to H4 3 weeks before your H1 job ends and once you have thereceipt, stop working on the last day and wait 6-8 months for them to approve your COS.

[Priyach0909]

wow .. 6 to 8 months ? Does it take that long for H4? I heard from other folks who recently got their H4 that it take 2-3 months. That's the reason I was checking if I could select a start date after October once my H1B visa expires.

I did not want to wait until last day of H1B in October to leave the country and come back on H4 as we don't yet have definite news on H4 EAD situation. So I was thinking if I apply ASAP for H4 and H4 EAD, I might get H4 EAD approval, if I get lucky.

[vsk417]

Depends on the service center also.California ,it might be 2-3 months.Vermont might take long time for COS.