H1B -> H4 (EAD) with minimal impact (gap)

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My wife's 6 years on H1-B ends August 2025. To continue working she has to move on to H4 EAD (the company cannot file for i-140 / GC)
My H1-B is up for renewal in March 2026. So, hers Change of Status (COS) from H1 -> H4 cannot be filed with my renewal. 
What is the best course of action in this case ? I understand there will be an employment gap, but how do we plan this status change with minimal gap / impact ? Thanks. 
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Your wife can apply any time change of status prior to her h1b max out , file I539 along with H4 EAD based on your approved H1 and I140, currently the change of status and EAD is taking anywhere 6-12 months, once change of status approved, she can start working,based on receipt of H4 EAD up to max of 540 days!, the 2nd option she can fly, out of country and come back H4 Visa, then apply H4 EAD, and start working based on receipt!

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  • 1 month later...

HI ,

Have the same scenario but a small twist.

Im currently on L1B and planning to move on H4EAD post I140 application approval for my husband but my H4 visa is expiring on Sep 2024, should we re new my H4 status but our concern this process  should not over ride my L1b status.

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