SanthoshKG Posted September 22, 2017 Report Posted September 22, 2017 Hi All, Need urgent help to understand the Visa status for my wife. Below is the timeline of different activities for her Visa Before April, 2016 H4 Visa April, 2016 Applied for new H1B with Change of Status. To be effective from October. Mid April, 2016 Got H1B picked in lottery. June, 2016 Applied for H4 Renewal and H4 EAD. As H4 was expiring and H1 was to be valid from Oct 2016. Aug, 2016 H4 went to RFE. Responded to RFE in 10 days. Oct, 2016 H1B Approved and started working. April, 2017 Received H4 EAD , but no H4 approval Need help with below : Is She on H1B or H4? If she is on H1B, and she transfers to H4. will her H4 EAD still be valid.Or she would need to file again ? If she is on H1B, how can she move to H4 ? And work on H4 EAD. Since H4 approval is not received, but as per USCIS it was approved, how can we get the H4 approval notice ? And will that be required if we decide to go to H4 visa for stamping ? Or H4 is not even valid ?
Neda Posted September 22, 2017 Report Posted September 22, 2017 She is on H1 now. If she files for COS to H4 I think she can still use that EAD. Better to cross check with attorney.
pontevecchio Posted September 22, 2017 Report Posted September 22, 2017 H4 is a status and not an approvable petition. She would do well to discuss this with a lawyer and maybe leave and return with a H1 visa. Why are you even thinking of a H4 visa ? Is it a DCC ? Based on your facts she is in H4 status now.
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