Transition Issues in H1B

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding issues that arise during transitions to and from H1B status.

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

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[Something]

I have  GC- EAD and AP but not used yet and using H1-B visa status only. My wife could not apply for I485 and has only H4- VISA and H4 EAD. If i switch from H1-B to EAD to join another company,  I believe my wife will lose the H4 status so what are her options if she has to maintain legal status or travel using AP

[Attorney_22]

On 4/16/2023 at 1:49 PM, Something said:

I have  GC- EAD and AP but not used yet and using H1-B visa status only. My wife could not apply for I485 and has only H4- VISA and H4 EAD. If i switch from H1-B to EAD to join another company,  I believe my wife will lose the H4 status so what are her options if she has to maintain legal status or travel using AP

You are correct, if you use the EAD you will no longer be in H1B status, and thus, your wife will fall out of status. You will need to maintain your H1B status until your wife is able to file her I-485. To discuss the details of your situation it is advisable to speak with your immigration attorney, or you can call our office and discuss it with one of our attorneys. 

[Shubh17]

Hi,

I am working on H1b, which is about to be maxed out. My spouse has an approved I140 petition, and I am thinking on moving to H4 EAD. Considering the USCIS decision from Jan 2023, if I simultaneously file for H1->H4 COS + EAD petition + Spouse's H1b amendment in premium, would I get my EAD approval in 15 days?

Thank you! 

[Attorney_22]

On 5/19/2023 at 11:59 AM, Shubh17 said:

Hi,

I am working on H1b, which is about to be maxed out. My spouse has an approved I140 petition, and I am thinking on moving to H4 EAD. Considering the USCIS decision from Jan 2023, if I simultaneously file for H1->H4 COS + EAD petition + Spouse's H1b amendment in premium, would I get my EAD approval in 15 days?

Thank you! 

USCIS appears to be adjudicating these roughly about the same time. The EAD may take longer to receive than fifteen days, but it is likely to be expedited.