Applied for H4 EAD, picked up in H1B lottery


varkashy

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Hi

I have applied for H4 EAD and currently not working in US. A firm also applied for H1B for me and my application was picked up in lottery. 

The EAD was applied in April last week and i am expecting a response by August first week.

I wanted advise that, if the two applications are under process simultaneously will it cause any conflict with the EAD? 

When do i need to file a COS ? At this time or after H1B is approved? If i get a job with EAD, can i continue working on same or i need to work for the employer who filed for H1b?

Please advise.

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In this circumstance there is no conflict. Did or did not the H1 sponsor file with COS from H4? Secondly in the case of a COS from H4 to H1 the employer would need to file another H1 petition for you with COS unless you leave and return with the visa. On H4 EAD, you can work for anyone. If your H1 is approved you can always resign if you want subject to any contractual terms.

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  • 2 months later...

Hi

So i decided not to go with H1B and continue on H4 EAD. However company lawyer is telling me even though COS has not been filed, since Visa are last-in-first-out,my H4 will become invalid after October 1 , if H1 goes through. 

 

Is that correct? My understanding was i can chose not to go ahead with h1b job and not file for COS. 

please advise.

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5 hours ago, varkashy said:

Hi

So i decided not to go with H1B and continue on H4 EAD. However company lawyer is telling me even though COS has not been filed, since Visa are last-in-first-out,my H4 will become invalid after October 1 , if H1 goes through. 

 

Is that correct? My understanding was i can chose not to go ahead with h1b job and not file for COS. 

please advise.

That sounds as if the lawyer said the H1 was filed with COS.

The last-action-rule means that the last I-94 (NOT visa) counts. And an H1 approval notice would only have an I-94 attached if it is COS.

Visas don't even come into play there. A visa is an entry document.

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