H4 EAD to H1 conversion

[ddimple80]

Currently, I am on an H4 EAD and am working full-time. I was working on H1B prior to the introduction of H4 EAD and have about 18 months left on my H1 B at this time. At this time, my H4 EAD expires in April 2020 and has been submitted for renewal. However, because of the long processing times, I am not sure if my H4 EAD is going to be approved by April (currently, they are processing May 2019 cases per the USCIS site with the processing time mentioned as 7-8.5 months and mine was submitted in November). Now to add to this complexity, my husband's visa is going to be submitted for renewal in October 2020 which means even though my H4 EAD is approved this year, we have to submit again later this year for renewal. 

My other option is to get on H1 B and wait until all of his visa formalities are taken care of and he receives his 3-year H1B renewal later this year. 2 questions if I chose that route - one is will I have to wait until October to start working if I convert from H4 EAD to H1 in premium this year or can I start working on a receipt/approval (I believe I'll qualify for cap exempt). And second question is can I go back to H4 EAD once he receives his 3-year H1 B renewal later this year. Is going back and forth between H4 EAD to H1 B and back to H4 EAD risky? 

I've been in the work stream for about 12 years now and we've been waiting for Green Card for about 11 years now, so it is all very frustrating and confusing. Any pointers or any advise on this is highly appreciated! Thanks much in advance!!!

[shekar11#]

On 2/12/2020 at 11:24 AM, ddimple80 said:

Currently, I am on an H4 EAD and am working full-time. I was working on H1B prior to the introduction of H4 EAD and have about 18 months left on my H1 B at this time. At this time, my H4 EAD expires in April 2020 and has been submitted for renewal. However, because of the long processing times, I am not sure if my H4 EAD is going to be approved by April (currently, they are processing May 2019 cases per the USCIS site with the processing time mentioned as 7-8.5 months and mine was submitted in November). Now to add to this complexity, my husband's visa is going to be submitted for renewal in October 2020 which means even though my H4 EAD is approved this year, we have to submit again later this year for renewal. 

My other option is to get on H1 B and wait until all of his visa formalities are taken care of and he receives his 3-year H1B renewal later this year. 2 questions if I chose that route - one is will I have to wait until October to start working if I convert from H4 EAD to H1 in premium this year or can I start working on a receipt/approval (I believe I'll qualify for cap exempt). And second question is can I go back to H4 EAD once he receives his 3-year H1 B renewal later this year. Is going back and forth between H4 EAD to H1 B and back to H4 EAD risky? 

I've been in the work stream for about 12 years now and we've been waiting for Green Card for about 11 years now, so it is all very frustrating and confusing. Any pointers or any advise on this is highly appreciated! Thanks much in advance!!!

Best thing in your case is to apply for H-1 in premium sometime in mid March 2020 and then you can work once you receive the H-1 approval.

If you want to go back again to H-4 and H-4 EAD then you need to apply for COS to H-4 and H-4 EAD along with your spouse H-1. You can apply all 3 together in Oct 2020.

There is no risk in going back and forth between status.

[User099]

Once you H1 is approved you can start working, you don't need to wait till October. You can't work on the Receipt notice.

Switching back and forth is not risky, just additional paperwork to deal with and keep track off.

You only have 18 months left so be careful with it, if in case EAD is revoked and you have to go back to H1.