H4 to H1 COS question

[reddy99]

Hi,

I was on h1B status from Oct 2019 to Nov 2021 with Employer-A. Converted to h4 by stamped outside the country. I Applied for h4EAD after returning to the USA and it's still pending with USCIS. I recently got a full-time opportunity with employer-B and employer-B is ready to re-instantiate the H1B to onboard.

 

my questions  -

let's assume my joining date with employer-B is June 1st.  if H1B is approved on May 15th with an H1B start date from June 1st. 

           1 - If I don't join employer-B, will my status after June 1 is H1B or H4? 

           2 -  after June 1st if the H4 EAD application is reviewed by USCIS, will they consider the h4 EAD application?

 

Thanks,
raj,
 

[Zodiac System]

On 5/10/2022 at 12:43 AM, reddy99 said:

Hi,

I was on h1B status from Oct 2019 to Nov 2021 with Employer-A. Converted to h4 by stamped outside the country. I Applied for h4EAD after returning to the USA and it's still pending with USCIS. I recently got a full-time opportunity with employer-B and employer-B is ready to re-instantiate the H1B to onboard.

 

my questions  -

let's assume my joining date with employer-B is June 1st.  if H1B is approved on May 15th with an H1B start date from June 1st. 

           1 - If I don't join employer-B, will my status after June 1 is H1B or H4? 

           2 -  after June 1st if the H4 EAD application is reviewed by USCIS, will they consider the h4 EAD application?

 

Thanks,
raj,
 

Better to be on H1b if you intend to work in US.  H4 EAD does not have premium processing. (Also request employer to file for I-140 so there are no 6 year restrictions).