Change of status to H4 and H4 EAD while H1 extension is in progress

[kalyani]

Hi,

My H1B visa will expire on July 6th. However, my employer filed an extension for me in Non-Premium. This can be extended till end of Jan 2019 including the travel time and vacation time. I should then move to H4 and H4 EAD if I want to continue working.

My spouse's H1B extension is approved till Sep 2021. He also has his I-140 approved.  As his H1B is approved for 3 years and also because of H4 EAD rumors being circulated, I want to change the status from H1 to H4 and apply for H4 EAD ASAP before they revoke H4. My questions are:

1. Can I apply for change of status to H4 while my extension is in progress? Do I need to include any additional documentation for this?

2. Can I apply for H4 and H4 EAD together?

3. Please advise what is the best way to apply in this scenario.

 

[shekar11#]

On 6/12/2018 at 6:22 AM, kalyani said:

Hi,

My H1B visa will expire on July 6th. However, my employer filed an extension for me in Non-Premium. This can be extended till end of Jan 2019 including the travel time and vacation time. I should then move to H4 and H4 EAD if I want to continue working.

My spouse's H1B extension is approved till Sep 2021. He also has his I-140 approved.  As his H1B is approved for 3 years and also because of H4 EAD rumors being circulated, I want to change the status from H1 to H4 and apply for H4 EAD ASAP before they revoke H4. My questions are:

1. Can I apply for change of status to H4 while my extension is in progress? Do I need to include any additional documentation for this?

2. Can I apply for H4 and H4 EAD together?

3. Please advise what is the best way to apply in this scenario.

 

1. Best option is to convert your H-1 application to premium and based on any decision you can apply for H-4 and H-4 EAD after that.

If you apply now, in case your H-1 is approved after your H-4 gets approved, then you will be back on H-1 status. So better to convert H-1 to premium processing and then switch to H-4 and H-4 EAD.

2. Yes.