H4 EAD to Independant H1B visa

[pinkcha]

Hi Senior members,

I came to USA on H4 visa and in the meanwhile my H1B will get approved by this year end ,waiting for final result. I am also eligible to apply for H4 EAD now.Please guide me if i start working on my H1B or H4 EAD,Is it possible to switch my working visa /vice versa for a year or more.

Thanks in advance.

[shekar11#]

You just can't switch your status. You need to apply for change of status every time you switch status. Why do you need H-1 when you are eligible for H-4 EAD.

[pinkcha]

Your response is really appreciated.

I want to have my H1B to work independently without any dependency.Also, It would be benefit to my family.But in case,if i did not get any job nearby where my husband got long term project,I would like to switch to my H4 EAD.

1) Can i apply for h4 EAD now without impacting my current H1B petition which is in process as RFE. My H1B case was from H4 to H1 filing.

 

[shekar11#]

Again you are getting confused. Wait till USCIS makes a decision on your H-1 application. If it is approved use that H-1. If it is not approved you can apply for H-4 EAD. You cannot have a H-1 petition and H-4 EAD at the same time. You can be either on H-1 status or H-4 status at any given point of time.

[pinkcha]

In case my H1B gets approved and if I face some difficulty in finding the jobs. If i apply for H4EAD and start working on EAD,then what will happen to my approved H1B. In future,can i again switch back to to H1B by applying COS.

[JoeF]

18 hours ago, pinkcha said:

In case my H1B gets approved and if I face some difficulty in finding the jobs.

If the H1 gets approved, you HAVE a job, with the H1 employer. It is the employer's responsibility to find a project for you. The employer has to pay you, even if you don't have a project, so it is in the employer's best interest to find a project for you.

 

[pinkcha]

Thanks.I just want to understand in case i moved to H4EAD,what would happen to my approved H1B visa.Would it be valid or not ,in case i want to move again on H1B?

[pinkcha]

Hi,

I got my H1B approved (not stamped yet) today and want to apply for H4 EAD.

1) Can I apply H4 EAD and make a trip to India & get my H1B stamped,as EAD will take approximately 3 months for approval .

2) Once I start working on H1B, by the time my H4 EAD will get approved.Can I go to canada and get it stamped for H4 to use my EAD.

I know its complicated,but I am in this situation.

Your response would be really appreciable.