H4 EAD status

[Iamanupam]

What happens to H4 EAD if H1B application is approved after H4 EAD approval?

From what I know, last approval date decides the current status however here is a situation we are in:

h1b/h4/h4EAD validity: 1/1/2022

Filed for Spouse h1b lottery (picked and approved later): 1/4/2019

Filed an h1b amendment+h4 extension:21/may/2019

h1b approval: 06/june/2019 - until 1/1/2020 (just 3 months)

Spouse h1b approval: 12/sep/2019

Spouse h4 approval: 29/oct/2019 (withdrawal of h4 didn't work out).

From my research, spouse current status is now h4 (based on last approval) however what about old EAD - it wasn't revoked, isn't it still valid?

Everywhere I read or consult, I hear that She either needs to go back to India and get h1b stamped to clear the intent to remain on h1b. Ideally I would prefer her to be on h4 now that She already moved to h4 however what happens to the EAD. We couldn't apply for the ead extn because of 180 day rule however now am hearing that because there was a COS on 1st oct 2019 (from h4 to h1b), that EAD shouldn't be useful anymore considering there was no real h4 status her. Logically the last h4 approval is for the old h4 itself and thus EAD should still remain valid (ie., She should be able to work) while we correct the mess here.

Can someone please provide an insight?

Thanks!

 

[shekar11#]

18 hours ago, Iamanupam said:

What happens to H4 EAD if H1B application is approved after H4 EAD approval?

From what I know, last approval date decides the current status however here is a situation we are in:

h1b/h4/h4EAD validity: 1/1/2022

Filed for Spouse h1b lottery (picked and approved later): 1/4/2019

Filed an h1b amendment+h4 extension:21/may/2019

h1b approval: 06/june/2019 - until 1/1/2020 (just 3 months)

Spouse h1b approval: 12/sep/2019

Spouse h4 approval: 29/oct/2019 (withdrawal of h4 didn't work out).

From my research, spouse current status is now h4 (based on last approval) however what about old EAD - it wasn't revoked, isn't it still valid?

Everywhere I read or consult, I hear that She either needs to go back to India and get h1b stamped to clear the intent to remain on h1b. Ideally I would prefer her to be on h4 now that She already moved to h4 however what happens to the EAD. We couldn't apply for the ead extn because of 180 day rule however now am hearing that because there was a COS on 1st oct 2019 (from h4 to h1b), that EAD shouldn't be useful anymore considering there was no real h4 status her. Logically the last h4 approval is for the old h4 itself and thus EAD should still remain valid (ie., She should be able to work) while we correct the mess here.

Can someone please provide an insight?

Thanks!

 

Already answered in another post. One more thing is better to get a second opinion from an immigration attorney just to be on safe side.

[Iamanupam]

7 hours ago, shekar11# said:

Already answered in another post. One more thing is better to get a second opinion from an immigration attorney just to be on safe side.

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 November 14, 2019 by Iamanupam

[User099]

Best way to clear these is to travel outside and comeback in with the status you want to be in, in your case H4. If she doesn't have a valid visa, she can go for H4 stamping and come back in and use her EAD.