COS from H4-H1-H4

[sid7952]

Hi, I am working on H4-EAD which is valid till  Nov 2020. Mean while my H1 got approved and is valid till  April 2020.  Even though  I had opted for Consular processing my employer did Change of Status and according to them now I am on H1 and they have not provided me the I-797 approval notice.

Q1> My employer is not ready to give me the latest I-797, I-94. Is there a way I can get these records?

Q2> Is there a way I can continue on H4-EAD since it has an extended validity?

Q3> Can I apply for my H4-extension without doing COS as I do not have the latest I-797 and I-94 from my H1 ?

[shekar11#]

2 hours ago, sid7952 said:

Hi, I am working on H4-EAD which is valid till  Nov 2020. Mean while my H1 got approved and is valid till  April 2020.  Even though  I had opted for Consular processing my employer did Change of Status and according to them now I am on H1 and they have not provided me the I-797 approval notice.

Q1> My employer is not ready to give me the latest I-797, I-94. Is there a way I can get these records?

Q2> Is there a way I can continue on H4-EAD since it has an extended validity?

Q3> Can I apply for my H4-extension without doing COS as I do not have the latest I-797 and I-94 from my H1 ?

Q1.  He needs to provide you that info. Not sure you can get from anywhere.

Q2. No, you are on H-1 status, so you cannot use the H-4 EAD.

Q3. No. That is not possible. You don't have the docs does not mean that USCIS does not have the docs.

If you want to use H-4 EAD, go outside the country and come back on H-4 status. You can then use your H-4 EAD till Nov 2020.

[User099]

On 2/14/2020 at 12:13 PM, sid7952 said:

Hi, I am working on H4-EAD which is valid till  Nov 2020. Mean while my H1 got approved and is valid till  April 2020.  Even though  I had opted for Consular processing my employer did Change of Status and according to them now I am on H1 and they have not provided me the I-797 approval notice.

Q1> My employer is not ready to give me the latest I-797, I-94. Is there a way I can get these records?

Q2> Is there a way I can continue on H4-EAD since it has an extended validity?

Q3> Can I apply for my H4-extension without doing COS as I do not have the latest I-797 and I-94 from my H1 ?

They are supposed to give you atleast the I94 part of the I797. Filing an request via FIOA is an option to get your I797. 

If your COS to H1 is approved, you can't use your H4 EAD. Your employer will have to start paying from the day your H1 started, if not you can file a complain on them. May be that will force them to give you the I797 copy. 

You can go for H4 visa stamping and travel back and get a new I94, then you can use the EAD. If you have stamping already just travel out of US and come back on H4 and use EAD. Applying for a H4 COS will take 6 months and you can't use the EAD till then.