H1B to H4-EAD approved with few days gap


Doc12

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I was working on H1B with I797 approval valid till June 30, 2019. My spouse had approved EB2 I-140 petition.

Based on that I-140, on 3/6/19, I applied for future dated change of status to H4-EAD from July 1, 2019 concurrently with spouse's H1B extension in premium. On 3/16/19, I received my H4 and EAD approval notices and the validity dates are as follows 

Change of status to H4: 
Valid from date - 3/6/2019 
Notice date - 3/11/2019 

EAD approval date notice: 
Valid from date - 3/11/2019 
Notice date - 3/11/2019 

So, that means that from 3/6/19 to 3/11/19, I was on H4 without an EAD, although there was no way for me to know that until 3/16/19. I was working during this period thinking that I was on H1B (as I had not yet received the new approval notices till 3/16/19). So, will this period cause a problem for me while trying to get future immigration benefits? What is the best way for me to fix this?

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Hi, I dont think it causes any issues because we don't until we get notice to our hand. Since you are on EAD, update your employer about this and may continue work.

Note; Please note that this is not a legal advise but just my opinion.

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20 hours ago, Doc12 said:

 

I was working on H1B with I797 approval valid till June 30, 2019. My spouse had approved EB2 I-140 petition.

Based on that I-140, on 3/6/19, I applied for future dated change of status to H4-EAD from July 1, 2019 concurrently with spouse's H1B extension in premium. On 3/16/19, I received my H4 and EAD approval notices and the validity dates are as follows 

Change of status to H4: 
Valid from date - 3/6/2019 
Notice date - 3/11/2019 

EAD approval date notice: 
Valid from date - 3/11/2019 
Notice date - 3/11/2019 

So, that means that from 3/6/19 to 3/11/19, I was on H4 without an EAD, although there was no way for me to know that until 3/16/19. I was working during this period thinking that I was on H1B (as I had not yet received the new approval notices till 3/16/19). So, will this period cause a problem for me while trying to get future immigration benefits? What is the best way for me to fix this?

No issues. Don't worry. You can always explain that you did not get a notice untill 3/11/19. 5 days is not a big issue.

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Thank you very much for your replies @shekar11 and @SPV. I was considering making an Infopass appointmemt at a nearby center to discuss the situation and try and correct if necessary. But if you all think that this should not be a problem, then I will continue with same. Thanks a lot.

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