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Pname1981

H4 EAD to H1B

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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.

Edited by mehopeful

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Thank you mehopeful.

Her H4 Visa is valid for 2 more years. Hence want to be on H4 till then and the move to H1B. Can she move to H1 and then after few month be back to H4 and still keep her H1B alive.

Under current circumstances...could you please suggest to be on H1B or H4 EAD.

 

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She can let the change of status happen, join E2 from Oct 1 for one or two months in H1B status. Then leave the US and return in H4 status and join any employer (E2 or otherwise) based on EAD. After that point within the next 6 years another employer can file a cap-exempt H1B petition for her.

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