Need Clarifications on H4 EAD Validity after changing to H1B status


Recommended Posts


My wife recently received an H4 EAD card even after she changed her status on H1B. To give background about this, my wife was working for A company on H1B and they filed H1B extension but didnt receive approval before 240 days. She had to travel to Canada temporarily to work from there. In between, she got H4 visa stamping in canada and came to USA for a week to apply H4 EAD after checking with attorney . We applied for H4 EAD and then she left to Canada. It was almost 6 months she worked in Canada. She visited USA on H4 visa couple of times after we applied H4 EAD. Her H1B petition was approved and she got a stamping on H1B and came back to USA last month. Recently, we sent a letter to USCIS to withdraw our H4 EAD application but two days after they received our mail, they approved H4 EAD and sent a EAD card to us. One of my friend told that we need to cancel EAD as one shouldn't possess two work authorizations EAD & H1. We are checking with USCIS but we want some clarifications on the status. Please let us know your thoughts/inputs.

1. She entered USA on H1B in July last weekend and received H4 EAD in last week, does H4 EAD overwrite the current H1B status?

2.  Is it necessary to call USCIS to cancel H4 EAD?

3. We have sent a mail to USCIS to cancel H4 EAD but they approved it. What should we do ? Is it okay to retain or cancel?

4. Will there be any legal complications in future?

thanks for your time and giving information in advance. 

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.