H1B to H4EAD -without employment gap

[KalyanTalasu]

Hi,

My self and my wife both are on H1B's and both are working in USA.

Now, I am thinking to convert my wife from H1B to H4 EAD. 

Is it possible for my wife to work until H4 EAD approved? I heard from few of my friends that, when we file H4 and H4 EAD together (not sure whether its possible),  we can work without any issues and once H4 EAD approved, she can inform her employer the same.

So, can you please suggest, what is the best way to proceed so that there won't be any gap in employment?

 

[KalyanTalasu]

Also I heard that, we can request future date (max 6 months) for status change, so that USCIS will work and status will be changed on the requested date so that, there will be very less gap (if its not approved on the requested date) for employment. Is this true?

[Attorney_24]

H4 and EAD can be filed together. The Form I-539 (used to file the change of status) allows the applicant to list a future start date. So yes, you can ask for a requested start date within 6 months. Generally, USCIS approves it for that start date assuming the date has not passed but no guarantees. The wife can work pursuant to her H-1B until her change of status to H4 is approved. 

[KalyanTalasu]

Thanks for the reply.

Can we cancel the change of status anytime in between(Assume requested start date after 6 months) to keep the H1B Status? Even after USCUS approved the status within 5 months even though my status will change after 6 months?

Let's say change of status to H4-EAD is requested on 1st May 2024, but USCIS approved the status 15 April 2024 even though still it will effect from 1st May 2024. Is this case, Shall I request to cancel the status between 15th April 2024 and 1st May 2024 to keep my H1B Status as is?

Edited November 2, 2023 by KalyanTalasu