What status will I be in if my H4 EAD is approved after my H1B is approved?


SAMUSS

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Can you please tell me what status will I be in in this scenario-

I am on an H4 visa now. My H4 to H1B COS is in process. My spouse has an approved I-140 so if I apply for H4 EAD in the meanwhile, and my H1B is approved first and H4 EAD is approved later,

1. What status will I be in? H4 or H1B?

2. Can I still get an approval on H4 EAD after my H1B approval? Is it possible?

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IF H1b change of status is approved, you are no longer under H4 status. Hence H4 ead will not be approved. If approved it will be a clerical error and you should not work on that without clarifying from USCIS first.

-You will be under H1b if change of status is approved.

-It cannot be approved unless its a clerical error. ANd these type of errors have happened in the past. You should carefully examine what the h1b cos approval notice states about change of status and always consult a competent law firm before making immigration decisions. Start by consulting your H1b employers and their attorneys.

 

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You might get H4 approved as H4 is a status and EAD is not, it is just employment authorization. Check the validity for both H1B and H4 approvals, most likely in your case you will be considered as H4 becoz the latest approval is the one that is effective if you got I-94 along with I-797's for both approvals.

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You might get H4 approved as H4 is a status and EAD is not, it is just employment authorization. Check the validity for both H1B and H4 approvals, most likely in your case you will be considered as H4 becoz the latest approval is the one that is effective if you got I-94 along with I-797's for both approvals.

I might get my H4 approved? Would you please explain how that works? I will be applying for EAD only while my H1B  COS is in process. I am already on an H4 visa now.

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