H4 EAD to H1B


Pname1981

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My wife is currently on H4 EAD and working for client (C1) through an employer (E1), the client only considers EADs.

Also her H1B lottery got picked up but with an RFE for a different client (C2) through a different employer (E2). New Employer (E2) is shortly planning to file a response to the RFE.

If her H1B gets approved
1. does she have to mandatorily move to H1B with new Employer (E2)
2. can she still stay on H4 EAD and continue with the current job and switch to H1B later if required.

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If H1B was filed and approved with change of status, her status will change on the effective date. She will have to maintain H1B status by working for the petitioning employer.

If she wants to continue with H4, she needs to change back to H4 status. If her H4 Visa is valid, she can leave the US before Oct 1 and return with H4 Visa after Oct 1. That will invalidate her approved change of status and put her back in H4.

If E2 does not withdraw her petition, she can join them at a later date. She will have to again change her status to H1B.

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