H1 - H4/H4EAD - Travel - Visa

[MurthyUser454]

Hello all, I am currently on H1B and my current assignment ends in November. I am planning to return to same job after 3 months. So I am planning to apply for H4 along with EAD as soon as possible.

Current Status: H1B for close to 12 years. Current H1B/I94 valid till end of 2019. I-140 approved from previous company

Spouse's Status: Currently on H1B. Went on to H4 and H4 EAD based on my H1B for a couple of years but currently on H1B. I-140 approved from previous company

Please advice on the below:

1. Can I apply H4 and H4 EAD at the same time? Company's legal team said no to H4 EAD? Still waiting for a reason but I don't see why I cannot apply H4 and H4 EAD simultaneously

2. Can I mention the start date of H4? 

3. I am planning to go to India in November. Can I leave while the application is still pending? I understand coming back with pending application is a little risky but can I leave?

4. If my H4 is approved and my H4 EAD is pending, can I go to Visa stamping based on H4 approval?

5. If my H4 is approved and my H4 EAD is pending, can I come back to US with approved visa based on H4?

6. I am reading on the forum that I can go to Canada/Mexico and get changed to H4 status at the border? How true is that? It may not work for me as I need to work till November and again from February. But was wondering if this is even an option

Thanks in advance

[shekar11#]

On 9/6/2018 at 3:16 PM, MurthyUser454 said:

Hello all, I am currently on H1B and my current assignment ends in November. I am planning to return to same job after 3 months. So I am planning to apply for H4 along with EAD as soon as possible.

Current Status: H1B for close to 12 years. Current H1B/I94 valid till end of 2019. I-140 approved from previous company

Spouse's Status: Currently on H1B. Went on to H4 and H4 EAD based on my H1B for a couple of years but currently on H1B. I-140 approved from previous company

Please advice on the below:

1. Can I apply H4 and H4 EAD at the same time? Company's legal team said no to H4 EAD? Still waiting for a reason but I don't see why I cannot apply H4 and H4 EAD simultaneously

2. Can I mention the start date of H4? 

3. I am planning to go to India in November. Can I leave while the application is still pending? I understand coming back with pending application is a little risky but can I leave?

4. If my H4 is approved and my H4 EAD is pending, can I go to Visa stamping based on H4 approval?

5. If my H4 is approved and my H4 EAD is pending, can I come back to US with approved visa based on H4?

6. I am reading on the forum that I can go to Canada/Mexico and get changed to H4 status at the border? How true is that? It may not work for me as I need to work till November and again from February. But was wondering if this is even an option

Thanks in advance

1. Yes you can do that.

2. Yes you can but USCIS never considers that. COS to H-4 has a lot of waiting time. By the time you are ready for the job in 3 months your COS might not even get approved.

3. When you have plan to go to India in November why do you need to send COS docs to USCIS. Just get H-4 stamped on your passport based on your spouse H-1 and come back and apply for H-1 when you are ready after 3 months. (saves time, money and unnecessary hassle)

4. Yes. Again waiting time for COS to H-4 is around 4 to 6 months.

5. Yes.

6. You cannot go to Mexico. Mexico does not do COS stamping. You can got to Canada.