H4/EAD validity when H1B is undergoing 221g

[amruthaa]

Primary applicant holding H1B is currently undergoing 221g Administrative Processing, Attorney mentioned H4 can continue staying in US and work (with valid EAD) as long as the H1B is undergoing Administrative Processing.  Worst case scenario, we are planning to have the H4 holders employer file COS to H1B (not subjected to cap as she already held H1B previously) if H1B gets eventually denied. Can the H4 holder stay in US while COS is in progress? And most importantly is there a grace period they can continue working on EAD before H1B is approved?

 

 

[User099]

There is no grace period for EAD.

[shekar11#]

23 hours ago, amruthaa said:

Primary applicant holding H1B is currently undergoing 221g Administrative Processing, Attorney mentioned H4 can continue staying in US and work (with valid EAD) as long as the H1B is undergoing Administrative Processing.  Worst case scenario, we are planning to have the H4 holders employer file COS to H1B (not subjected to cap as she already held H1B previously) if H1B gets eventually denied. Can the H4 holder stay in US while COS is in progress? And most importantly is there a grace period they can continue working on EAD before H1B is approved?

 

 

Yes, H-4 can stay and continue to work while change of status is pending. No grace period. H-4 can continue to work until the COS is approved as long the EAD does not expire. Also H-4 can try for premium processing which will be lot quicker if you decide to do COS to H-1.

[amruthaa]

On 1/28/2020 at 3:59 PM, shekar11# said:

Yes, H-4 can stay and continue to work while change of status is pending. No grace period. H-4 can continue to work until the COS is approved as long the EAD does not expire. Also H-4 can try for premium processing which will be lot quicker if you decide to do COS to H-1.

Thank you for the response, I am actually confused how H-4 can continue working while COS is pending if the primary H1B visa is denied. Doesnt the H1 denial automatically make H4 & EAD status invalid? I am sure working on EAD while COS is pending is legal "if" primary H1B holder has valid visa/status but if it is denied what are the options?

[amruthaa]

On 1/28/2020 at 11:55 AM, User099 said:

There is no grace period for EAD.

Yeah I do realize there is no grace period, thanks

[shekar11#]

On 1/30/2020 at 2:18 PM, amruthaa said:

Thank you for the response, I am actually confused how H-4 can continue working while COS is pending if the primary H1B visa is denied. Doesnt the H1 denial automatically make H4 & EAD status invalid? I am sure working on EAD while COS is pending is legal "if" primary H1B holder has valid visa/status but if it is denied what are the options?

Sorry I missed that part. If the primary H-1 is denied then you cannot work. I thought you were asking if it is OK to work when COS to H-1 is pending.