H4 Extension when having Future Dated H1

[h1girl1947]

HI

I am currently on H4 and working on H4EAD. I have filed my H1b petition with date starting from the expiry date of H4ead so that i can continue working without gap. My Spouse H1 got approved only in December and i dont have enough time to get H4EAD extension approved by feb 2020 given current H4ED renewal timelines. But my H1 got approved only for 3 months until june as my client letter project end is in june. 

My questions here 

1. I would like to apply my h4 extension by going for stamping and come back to US and apply H4ead extension with my Husband's current h1 b extension for 3 years.  If i have to do this , do i need to go for stamping to home country because my previous stamping i got is on previous H1 which ended in 2017 and i applied change of status being in US to H4. i haven't gone to stamping when i am on H4. Or can i also go to Mexico or Canada for my current H4 stamping. 

2. If i file my H4 extension and H4ead extension together without going for stamping and being in US itself, do i need to stop working from the date of filing my H4 extension and while my H4 extension is in progress even though i have H4EAD valid until feb 2020. 

3.  Will my future dated H1 (3/1/2020-june 2020) gets invalidated if i apply for h4 ead now before it gets expired in feb 2020. can i continue working until my current H4 ead card validity date and stop working when it expires and wait for extension to get approved to rejoin. Or i also can use H1b which starts on the end of current H4 ead in Feb  and continue working if i don't receive H4EAD extension approval by feb 2020 (when current H4EAD expires) and withdraw H1b once i get my H4 EAD approved . Because, i want to continue on H4EAD for next 3 years if it gets approved and not extend H1b once expires in June 2020.

[User099]

1. You can go to Mexico or Canada for stamping.

2. You can work till June 2020 till you have H1, you don't need to stop working just because you applied for H4 COS.

3. H4 EAD till Feb 29th, H1 from 3/1 to June 2020 - You can work with these 

After June 2020, you will have to wait till you get new EAD or apply H1 extension. 

[h1girl1947]

On 1/19/2020 at 1:36 AM, User099 said:

1. You can go to Mexico or Canada for stamping.

2. You can work till June 2020 till you have H1, you don't need to stop working just because you applied for H4 COS.

3. H4 EAD till Feb 29th, H1 from 3/1 to June 2020 - You can work with these 

After June 2020, you will have to wait till you get new EAD or apply H1 extension. 

Thank you for the Reply. It is good to know that i can go for stamping in Canada or Mexico  instead of Home country. 

On 1/16/2020 at 11:21 AM, h1girl1947 said:

HI

I am currently on H4 and working on H4EAD. I have filed my H1b petition with date starting from the expiry date of H4ead so that i can continue working without gap. My Spouse H1 got approved only in December and i dont have enough time to get H4EAD extension approved by feb 2020 given current H4ED renewal timelines. But my H1 got approved only for 3 months until june as my client letter project end is in june. 

My questions here 

1. I would like to apply my h4 extension by going for stamping and come back to US and apply H4ead extension with my Husband's current h1 b extension for 3 years.  If i have to do this , do i need to go for stamping to home country because my previous stamping i got is on previous H1 which ended in 2017 and i applied change of status being in US to H4. i haven't gone to stamping when i am on H4. Or can i also go to Mexico or Canada for my current H4 stamping. 

2. If i file my H4 extension and H4ead extension together without going for stamping and being in US itself, do i need to stop working from the date of filing my H4 extension and while my H4 extension is in progress even though i have H4EAD valid until feb 2020. 

3.  Will my future dated H1 (3/1/2020-june 2020) gets invalidated if i apply for h4 ead now before it gets expired in feb 2020. can i continue working until my current H4 ead card validity date and stop working when it expires and wait for extension to get approved to rejoin. Or i also can use H1b which starts on the end of current H4 ead in Feb  and continue working if i don't receive H4EAD extension approval by feb 2020 (when current H4EAD expires) and withdraw H1b once i get my H4 EAD approved . Because, i want to continue on H4EAD for next 3 years if it gets approved and not extend H1b once expires in June 2020.

 

[shekar11#]

On 1/16/2020 at 12:21 PM, h1girl1947 said:

HI

I am currently on H4 and working on H4EAD. I have filed my H1b petition with date starting from the expiry date of H4ead so that i can continue working without gap. My Spouse H1 got approved only in December and i dont have enough time to get H4EAD extension approved by feb 2020 given current H4ED renewal timelines. But my H1 got approved only for 3 months until june as my client letter project end is in june. 

My questions here 

1. I would like to apply my h4 extension by going for stamping and come back to US and apply H4ead extension with my Husband's current h1 b extension for 3 years.  If i have to do this , do i need to go for stamping to home country because my previous stamping i got is on previous H1 which ended in 2017 and i applied change of status being in US to H4. i haven't gone to stamping when i am on H4. Or can i also go to Mexico or Canada for my current H4 stamping. 

2. If i file my H4 extension and H4ead extension together without going for stamping and being in US itself, do i need to stop working from the date of filing my H4 extension and while my H4 extension is in progress even though i have H4EAD valid until feb 2020. 

3.  Will my future dated H1 (3/1/2020-june 2020) gets invalidated if i apply for h4 ead now before it gets expired in feb 2020. can i continue working until my current H4 ead card validity date and stop working when it expires and wait for extension to get approved to rejoin. Or i also can use H1b which starts on the end of current H4 ead in Feb  and continue working if i don't receive H4EAD extension approval by feb 2020 (when current H4EAD expires) and withdraw H1b once i get my H4 EAD approved . Because, i want to continue on H4EAD for next 3 years if it gets approved and not extend H1b once expires in June 2020.

1. You cannot go to Mexico if you changed status when you were in US. You can still go to Canada.

2. No need to stop working. You can work until Feb 2020 based on your current H-4 EAD.

3. It will not be invalidated.

I suggest you talk to a immigration attorney to be 100% sure about your situation.

[User099]

10 hours ago, shekar11# said:

1. You cannot go to Mexico if you changed status when you were in US. You can still go to Canada.

2. No need to stop working. You can work until Feb 2020 based on your current H-4 EAD.

3. It will not be invalidated.

I suggest you talk to a immigration attorney to be 100% sure about your situation.

H4 and H1 are in the same H visa type, you can't convert from F to H but h4 to h1 is allowed in Mexico.

[shekar11#]

12 hours ago, User099 said:

H4 and H1 are in the same H visa type, you can't convert from F to H but h4 to h1 is allowed in Mexico.

Got it thanks.

[h1girl1947]

On 1/21/2020 at 1:26 PM, shekar11# said:

1. You cannot go to Mexico if you changed status when you were in US. You can still go to Canada.

2. No need to stop working. You can work until Feb 2020 based on your current H-4 EAD.

3. It will not be invalidated.

I suggest you talk to a immigration attorney to be 100% sure about your situation.

My spouse employer said that , if i file my h4 and h4 ead extension now , my future dated h1 b will be invalidated as i am requesting current status extension. Is that true. So he suggested that, apply change of status to h4 and ead extension after converting to h1 in March . So that i can continue using h1 in march until my COS to h4  gets approved. This is for continuing employment after my current ead expriy date in feb 2020 the date on which my h1 begins. PLease suggest if i couldnt file my extension to h4 and h4 ead now and still continue using h1 from march after current ead expires and until the h4 approval is received. coz ead might take little longer than h4 approval. if both arrive on same day still i need to wait for the EAD card to receive in hand to start working. 

[shekar11#]

On 1/23/2020 at 2:21 PM, h1girl1947 said:

My spouse employer said that , if i file my h4 and h4 ead extension now , my future dated h1 b will be invalidated as i am requesting current status extension. Is that true. So he suggested that, apply change of status to h4 and ead extension after converting to h1 in March . So that i can continue using h1 in march until my COS to h4  gets approved. This is for continuing employment after my current ead expriy date in feb 2020 the date on which my h1 begins. PLease suggest if i couldnt file my extension to h4 and h4 ead now and still continue using h1 from march after current ead expires and until the h4 approval is received. coz ead might take little longer than h4 approval. if both arrive on same day still i need to wait for the EAD card to receive in hand to start working. 

What your employer suggested is correct. You can continue working on H-1 after your current EAD expiry date and then apply for COS to H-4 and H-4 EAD. Most of the times in this forum and from my personal experience I saw that H-4 and H-4 EAD get approved at the same time. If you have to wait for EAD card after it is approved then just take a 1 or 2 weeks unpaid leave so that you can get the EAD card delivered physically.

[h1girl1947]

On 1/24/2020 at 2:06 PM, shekar11# said:

What your employer suggested is correct. You can continue working on H-1 after your current EAD expiry date and then apply for COS to H-4 and H-4 EAD. Most of the times in this forum and from my personal experience I saw that H-4 and H-4 EAD get approved at the same time. If you have to wait for EAD card after it is approved then just take a 1 or 2 weeks unpaid leave so that you can get the EAD card delivered physically.

Ok. Thank you  for the input.