H4 and H4 EAD concurrently


nvedia

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My H1B is valid till Dec,2018 with an approved I140. My spouse H1B is also valid till Sep,2017 and she wants to come on H4 EAD 

I am planning to file concurrent H1B to H4 COS + H4 EAD

1. Based on the past filing, did anyone see that their H4 COS is approved but H4 EAD took more than a month after H4 is approved. I already know USCIS website states that it can takes upto 90 days after H4 is approved but I wanted to know real experience of anyone for whom it took much time. Most of the cases I see is that H4 COS took 2-4 months but H4 EAD was granted within 1-3 weeks of H4 approval

2. While waiting for H4 EAD (when H4 COS is approved) and going on LOP, when its already one month waiting and nothing, is it possible to go back on old H1B immediately and start the work (I am asking in case client is not ready to wait further). Once a person is on H1B and then they get H4 EAD, how does the immigration situation/status is handled?

Also, does putting future date for H4 COS help at all when we don't know when USCIS would process the application? 
Please help me with real cases, I already know the rules and whats written on uscis website :)

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  • 1 month later...

My spouse applied for F1 to H-4 COS + H-4 EAD concurrently. Both the applications got approved together. It's not the case with all applications. It is just my experience.

2. Once your spouse status changes to H-4, she cannot go back on H-1. She needs to file a COS again.

Putting a future date does not make a difference.

Don't worry too much. Hope you get both applications approved together. I have seen 4 of my friend's cases similar to mine. Hope yours works the same way. 

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