Stay in US during COS from H1B to H4-EAD

[Abhiss]

Hi All,

 

Me and my wife are in US working on H1B visas. My I-140 is approved and H1B is valid until 2020 and my wife's H1B is expiring on Sep-03, 2018 and we have not applied for extension.

We have applied for Change of Status for her from H1B to H4-EAD and have received acknowledgement receipt. Based on this information can you please help answer my queries - 

1. If we do not receive approval for H4 and/or EAD by Sep-03 (date of expiry of her H1B and current I-94), can my wife continue to stay in US after this date based on the fact that she has received acknowledgement for H4-EAD application?

2. If she cannot stay, and has to travel back, will the application for EAD still be valid as she has traveled out of US?

3. If she can stay, how long can she continue to stay? Will it be until we get the decision on our H4-EAD application?

 

Thanks in advance for the clarifications.

[JoeF]

She can stay based on the pending COS to H4, for up to 240 days. She can not work until she has the EAD, though.

[Abhiss]

Thanks for the clarification JoeF.

[newacct]

She can stay based on a pending timely-filed COS or EOS for an unlimited amount of time, as long as it remains pending.