Moving from H1B to H4 EAD without a break

[Simran Ji]

Hi,

I am currently working full time and my visa status H1B. It was valid until Jul 2018 and my extension has been filed with USCIS. My husband is also working on H1B and his 797 & i94 is valid until Dec 2018. His i-140 is approved and his H1B extension is also been filed recently .

Based on current circumstances, there are high chances that my extension case may not get approved. If I want to continue to work without break then what are my options ?

1) Can I file for H1 to H4 COS and H4 EAD together with effective date as my last working day (i.e. the date my employer stops running my payroll )

2) If decision of denial comes after Dec 2018 (my husband's H1B expiration date), Can I file H4-COS and/or H4-EAD based on his H1B extension petition which is pending for approval. 

3) If decision of denial comes before Dec 2018 (my husband's H1B expiration date), Should I file H4 COS and/or H4-EAD based on his current approved petition number and then again file a application with new petition number (pending approval). Or, I should file it once only with petition number whose approval pending or both petition numbers in same application.

4) Can I continue to work in same job with same employer when H4 EAD application is in progress. What my employer needs to do in this case.

5) If answer of (4) is No, then can I stay in US  when my H1 to H4 COS (and/or H4 EAD) is filed and decision is not taken yet

6) Any other suggestions to continue to work without break (or short break)  in this scenario.

Regards
Simran

 

[JoeF]

There will always be a break, because the EAD is only processed once the H4 kicks in. As soon as the H4 is approved you have to stop working, and you can only start working again when the EAD is approved which will be some time later. EAD processing times vary.

 

[Simran Ji]

Thanks for your reply. So, can I file for H1 to H4 COS and H4 EAD together once I will get in to a situation when my H1B extension is not approved and I have to leave the country in a week or two (max).

Is there any premium processing for H4 COS and/or H4 EAD to process it faster

[JoeF]

There is no premium processing for H4.

[shekar11#]

On 10/22/2018 at 3:31 PM, Simran Ji said:

Hi,

I am currently working full time and my visa status H1B. It was valid until Jul 2018 and my extension has been filed with USCIS. My husband is also working on H1B and his 797 & i94 is valid until Dec 2018. His i-140 is approved and his H1B extension is also been filed recently .

Based on current circumstances, there are high chances that my extension case may not get approved. If I want to continue to work without break then what are my options ?

1) Can I file for H1 to H4 COS and H4 EAD together with effective date as my last working day (i.e. the date my employer stops running my payroll )

2) If decision of denial comes after Dec 2018 (my husband's H1B expiration date), Can I file H4-COS and/or H4-EAD based on his H1B extension petition which is pending for approval. 

3) If decision of denial comes before Dec 2018 (my husband's H1B expiration date), Should I file H4 COS and/or H4-EAD based on his current approved petition number and then again file a application with new petition number (pending approval). Or, I should file it once only with petition number whose approval pending or both petition numbers in same application.

4) Can I continue to work in same job with same employer when H4 EAD application is in progress. What my employer needs to do in this case.

5) If answer of (4) is No, then can I stay in US  when my H1 to H4 COS (and/or H4 EAD) is filed and decision is not taken yet

6) Any other suggestions to continue to work without break (or short break)  in this scenario.

Regards
Simran

 

4) You need to wait for H-4 COS and H-4 EAD approval. Then only you can continue working with your employer. Until then you will need to take a break.

5) Yes, you can stay

6) Tough scenario.