vin39 Posted January 17, 2020 Report Share Posted January 17, 2020 (edited) My spouse is currently in 6th year of H1B with 10 months left, the employer is not transparent and may or may not file for PERM on time. Also, unable to move to a different employer at this moment due to personal reasons. So applied for H1B to H4+EAD COS using my I-140 approval, when would be the appropriate time to notify the employer of the COS. Can spouse work until both H4 and EAD are approved? If H4 gets approved first and EAD takes more time, Is it required to notify the employer of COS to H4 before EAD approval? Edited January 17, 2020 by vin39 Quote Link to comment
JoeF Posted January 17, 2020 Report Share Posted January 17, 2020 If the H4 is approved and the EAD is still pending your spouse has to stop working. He/She could only start again when the EAD is approved. Quote Link to comment
User099 Posted January 19, 2020 Report Share Posted January 19, 2020 Your spouse doesn't need to notify the employer of the COS. Your spouse can work on H1 till the H4 is approved and resume work once he/she receives the EAD. Mostly H4 and EAD will be approved at the same time. You will receive the approval notices and EAD card within a gap of 1 week-10 days, this is when he/she needs to stop working. You can notify the employer that you have converted to H4 after you receive the approval. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.