Apply for H4 EAD or not. Currently on H4 and have my H1B remaining

[ashishkul]

I was working on H1B visa and have about 1.5 years left from my 6 years. I had to take leave because of my health issues and changed my status to H4. I am now ready to go back to work and looking for a new job. When I get the new job, I am thinking to go either of these routes - 1. Since I am cap exempt, I can file for my H1b transfer to new employer and start working after I get my H1b approved OR 2. I could apply for H4 EAD now (on approved I-140 of my spouse), hope that I get H4 EAD approved before it is withdrawn by DHS and start working on H4 EAD. I'll still have an option to switch to my remaining H1b later when required. 

1. What happens if I apply for a H4 EAD now and while my H4 EAD is in processing, I get a job and apply for H1B transfer and H1b gets approved. What will happen to my H4 EAD application at that point? Will I need to apply for any amendment to my H1b (since it got approved while H4 EAD was under processing). 

2. Can I start my green card application with my new employer on H4 EAD? 

 

Thank you in advance for your answers.

[shekar11#]

On 8/20/2018 at 5:48 PM, ashishkul said:

I was working on H1B visa and have about 1.5 years left from my 6 years. I had to take leave because of my health issues and changed my status to H4. I am now ready to go back to work and looking for a new job. When I get the new job, I am thinking to go either of these routes - 1. Since I am cap exempt, I can file for my H1b transfer to new employer and start working after I get my H1b approved OR 2. I could apply for H4 EAD now (on approved I-140 of my spouse), hope that I get H4 EAD approved before it is withdrawn by DHS and start working on H4 EAD. I'll still have an option to switch to my remaining H1b later when required. 

1. What happens if I apply for a H4 EAD now and while my H4 EAD is in processing, I get a job and apply for H1B transfer and H1b gets approved. What will happen to my H4 EAD application at that point? Will I need to apply for any amendment to my H1b (since it got approved while H4 EAD was under processing). 

2. Can I start my green card application with my new employer on H4 EAD? 

 

Thank you in advance for your answers.

1. No issues. You can do that. You will be on H-1 status once your H-1 is approved. H-4 EAD is just an additional doc used for employment.

2. Not sure.