H1-H4-H1/EAD

[vidya8107]

I was working on H1 for 4 yrs still 2 more yrs left for H1 quota.So I wont come on H1 cap.Right now am on H4 not working.Now searching for a job.If I get a job planning to apply for COS from H4 to H1.I am in little bit confusion. Bcoz of H4 EAD rule passed am thinking to apply for it but I heard it takes 3 months of processing time.

 

1.If I apply for H4 EAD and suppose it's in the process of approval,meanwhile if I get a job with a sponsor  for H1 can I apply for H1?

 

2.If I can apply for H1 while H4 EAD in the process,what are the chances of H1 approval? will that effect H1 process any way?

 

3.If H1 approves what about the H4 EAD?

 

Thanks in advance.

 

 

[jairichi]

1. Yes.

2. Chances are based on documents submitted. It will not affect H1B process.

3. Since you move to H1B status a H4 status ceases to exist. Therefore H4 EAD is invalid.

[satya2k1]

hi vidya,

 

If your spouse in a good position with long, secured job on H-1B, my suggestion is to go for H4-EAD.  Because H4-EAD is open employment and you can work for any employer, unlike H1B.  It would take atleast 3 months to find a job and to get H-1B approval anyways.. unless your prospective employer apply in premimum processing.  In the case of change of status from H4 to H1B, there are chances of RFE which might delay your H1B approval.  My assumption is that prospective employers would prefer EAD candidates over candidates requiring H1B sponsorship.. Ball is in your court.