H1B to H4 EAD -- Can I file H1B extension concurrently while applying for H4 EAD

[tmeng]

Hi All,

I'm in a pretty tricky situation now. 

I am on cap-exempt H1B, which greatly restricted the industry I can work in. Therefore, I have always wanted to convert to H4 with EAD after my husband has received I-140. Recently, my husband's I-140 has been approved, and considering the fact the the H4 EAD revoke would not be effective until the rule is finalized (I work in the rule-making field, the rules are normally finalized towards the end of each year).  My current H1B expires in August, 2019. My current employer wants to file a H1B extension for me at this moment. I also want to start applying for H4 EAD as soon as possible to avoid the situation where the rule gets revoked. I have three questions:

1. Can I start the H1B extension process while applying for H4 EAD?

2. Say if I can't file H1B extension and H4 conversion concurrently, I file H1B extension first with premium processing. After having the extended H1B, I start applying for H4 EAD. How things work in this situation? Say if my H4 EAD gets approved Sep 2019 but I have not yet received the physical copy of the EAD card, does that mean I will have a period of time that I'm not allowed to work? 

3. I have a friend who converted to H4 from H1B in California in just one month, which is significantly shorter than the time frame listed on USCIS's website. Do you know if  that was just a coincidence or because we had EAD before (during OPT), it takes shorter time for USCIS to approve our EAD application?

 

Thank you very much for your insights!

T

[adshah84]

To apply H4 EAD you have to be on H4 first. 

[shekar11#]

On 5/30/2019 at 2:08 PM, tmeng said:

Hi All,

I'm in a pretty tricky situation now. 

I am on cap-exempt H1B, which greatly restricted the industry I can work in. Therefore, I have always wanted to convert to H4 with EAD after my husband has received I-140. Recently, my husband's I-140 has been approved, and considering the fact the the H4 EAD revoke would not be effective until the rule is finalized (I work in the rule-making field, the rules are normally finalized towards the end of each year).  My current H1B expires in August, 2019. My current employer wants to file a H1B extension for me at this moment. I also want to start applying for H4 EAD as soon as possible to avoid the situation where the rule gets revoked. I have three questions:

1. Can I start the H1B extension process while applying for H4 EAD?

2. Say if I can't file H1B extension and H4 conversion concurrently, I file H1B extension first with premium processing. After having the extended H1B, I start applying for H4 EAD. How things work in this situation? Say if my H4 EAD gets approved Sep 2019 but I have not yet received the physical copy of the EAD card, does that mean I will have a period of time that I'm not allowed to work? 

3. I have a friend who converted to H4 from H1B in California in just one month, which is significantly shorter than the time frame listed on USCIS's website. Do you know if  that was just a coincidence or because we had EAD before (during OPT), it takes shorter time for USCIS to approve our EAD application?

 

Thank you very much for your insights!

T

1. It will create confusion.

2. Better to apply H-1 in premium and get approved first, then you can concurrently apply for H-4 and H-4 EAD. So then there will be no gap.

3. It is just a coincidence.