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Previously my wife had H1B with company XXX (with approved I-140) and working for different client and I have applied H4 and H4EAD together for my wife with my employer in the month of Jan 2024.(we haven't informed the same to my wife employer XXX ).

My wife H1B is valid till 01/2026.

Last month 1st week she got RFE on H4 EAD and 3rd week(after 10 days) H4 got approved and she immediately stopped working ( took unpaid leave)  because H4 EAD is not yet approved.

We have already replied to the H4-EAD RFE in the last week of the month and waiting for the approval. Because it is H4-EAD and we cannot go with premium processing, I was thinking to re-apply for H1B (change of status) with premium process with my wife employer XXX to avoid risk of loosing the job.

My question is: My wife employer (XXX) has to re-apply for change of status for H1B with premium processing? or as her H1B is valid till 2026, I have to request my immigration team to revoke H4  so that she can start work with H1B for the same employer XXX?

Also, how much time it takes to revoke the H4 status so that she can have H1B with her employer?

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Posted (edited)

In the above my question company means employer XXX.

Also, any new employer can file her H1B in premium processing while H4 EAD is still pending? I think in this case pending H4 EAD will be cancelled or denied?.

Edited by KalyanTalasu
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