H1 TO H4 COS AND H4 EAD


gvnsekhar

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I am currently on H1B and mostly my project ends on September 30th(may or may not extend). My husband has approved I-140 (more than 180 days ).
 
I would like to apply for H4 and H4 EAD if the following can be done.
 
1. Can we apply H4 COS effective from September 30th? So that I can work till September 30th. 
2. If yes to #1, suppose if my project got extended, can I with draw my H4 COS and H4 EAD petition (if not approved) and continue to work on same project without applying again to H1 COS?
3. Suppose if my husband change the job and if his current employer revokes his I140, still I am eligible to work on H4 EAD?
4. Can I file single I539 for my H1 to H4 and my kid's H4 extension(he currently on my h1b approval).
 
Thanks in advance
Sandhya
 
 
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14 hours ago, gvnsekhar said:
I am currently on H1B and mostly my project ends on September 30th(may or may not extend). My husband has approved I-140 (more than 180 days ).
 
I would like to apply for H4 and H4 EAD if the following can be done.
 
1. Can we apply H4 COS effective from September 30th? So that I can work till September 30th. 
2. If yes to #1, suppose if my project got extended, can I with draw my H4 COS and H4 EAD petition (if not approved) and continue to work on same project without applying again to H1 COS?
3. Suppose if my husband change the job and if his current employer revokes his I140, still I am eligible to work on H4 EAD?
4. Can I file single I539 for my H1 to H4 and my kid's H4 extension(he currently on my h1b approval).
 
Thanks in advance
Sandhya
 
 

1. Yes, you can.

2. Tricky. Get ready with all docs, wait till last week of September and then apply for COS and EAD, so that if your project is extended you don't send the docs.

3. Yes. If the I-140 is approved for more than 6 months it cannot be revoked unless it involves fraud or misrepresentation.

4. No. Because one is a change of status (H-1 to H-4) and the other is an extension of H-4. If both were extensions you could have filed a single application.

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