h4EAD to H1b(COS) and back to H4


Iamanupam

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My Wife was on H4 EAD until her H1b (plus change of status) application got approved this year after getting through in the lottery.

My H1b was filed for an extension in June which got approved in 15 days (premium) at the same time, her h4 extn was also filed which got approved on 10/29/2019 (after She had already moved to h1b). I missed withdrawing the h4 extn application in time and before we could withdraw it h4 got approved.

From my understanding, She is now on h4 visa and not on h1b because h4 extn was filed as h4 extn/cos application and it is the latest approval that we have. What I am not sure about right now, is her old EAD still valid? It was valid until 2022 initially before She moved to h1b. 

Can someone please clarify?

Edited by Iamanupam
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19 hours ago, Iamanupam said:

My Wife was on H4 EAD until her H1b (plus change of status) application got approved this year after getting through in the lottery.

My H1b was filed for an extension in June which got approved in 15 days (premium) at the same time, her h4 extn was also filed which got approved on 10/29/2019 (after She had already moved to h1b). I missed withdrawing the h4 extn application in time and before we could withdraw it h4 got approved.

From my understanding, She is now on h4 visa and not on h1b because h4 extn was filed as h4 extn/cos application and it is the latest approval that we have. What I am not sure about right now, is her old EAD still valid? It was valid until 2022 initially before She moved to h1b. 

Can someone please clarify?

Her old EAD is still valid until the expiry date as long as she is in H-4 status.

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7 hours ago, shekar11# said:

Her old EAD is still valid until the expiry date as long as she is in H-4 status.

Thanks for the response.

To close the question with an answer from USCIS:

I talked to 2 different Attorneys and different firms and they said its not black and white as there was a different status (h1b) for about 30 days and thus the old EAD should have been invalid and both suggested not to work until either h1b is stamped/COS done again or EAD is approved (apply for it).

I ended up calling USCIS to clarify and they said as long as preconditions for h4 ead (i.e., H4 and Spouse i140 approved) are met, h4 ead should be valid and there is no need to reapply until it's expiring.

i.e., According to USCIS, old EAD is valid and its good to use.

Edited by Iamanupam
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