H4 EAD to H1B COS and status of H4 EAD

[ckapoor0402]

Hi ,

Im on H4 EAD which is valid until Sept,2018. I found an employer( not with whom Im working ), He can file my H1B in Apr,2017 lottery. I know that he will file my H1B with COS from H4 to H1B in lottery. Im travelling to India in March last week for one month. I got below questions:

1.  If my H1B is picked in the lottery  . Then earlier COS filed with the H1B petition will become invalid ( because I have travelled and got new I-94  ?

2. Once H1B is approved then Does H1B employer has to file H4 to H1B COS again ( because I have travelled and got new I-94 )  ?

2. If my H1B and COS ( H4 to H1B) is approved before Oct 2017 or after Oct,2017. Then once COS is approved I could not work on H4 EAD and have to work with the new H1B employer ?

Response is appreciated !!!

 

 

 

 

[pontevecchio]

If you leave while the petition is filed, ie H1 with COS from H4, the COS is nullified. Do not do this. The times have changed. If he is interested in filing let him file without a COS and you get a visa at the appropriate time. Make sure he is paying for everything.

[ckapoor0402]

19 hours ago, pontevecchio said:

If you leave while the petition is filed, ie H1 with COS from H4, the COS is nullified. Do not do this. The times have changed. If he is interested in filing let him file without a COS and you get a visa at the appropriate time. Make sure he is paying for everything.

 

Thanks Pontevecchio for replying.

Can you please reply to below questions. 

1. Can H1B be filed in lottery without COS for a person who is on H4 EAD ??

2. If H1B is picked in a lottery and approved. Can COS be filed later in order to work on H1B ?? 

 

[ckapoor0402]

Thanks Pontevecchio for replying.

Can you please reply to below questions. 

1. Can H1B be filed in lottery without COS for a person who is on H4 EAD ??  Will USCIS allow that ?

2. If H1B is picked in a lottery and approved. Can COS be filed later in order to work on H1B ??