H1 to H4 EAD

[vikkyd1]

Can someone update on this. 

i) My H1 is expiring in Sept 2015 so my employer is preparing docs for H1 extension. To apply for H4 EAD(COS & H4 EAD), Is it better to wait until h1 extension approves? So if I ever wanted to come back(in 3 years) to H1 I can use it without any issue? 

ii) Can I apply for H1 extension and while it's pending apply for H4 EAD (cos and H4 EAD)? Assuming these two will process separately? 

Please let me know OR suggest a better route if available.

[jairichi]

Decide what you want. If you want a H4 along with EAD file those applications. You will be cap exempt on H1B as long as you have not used the maximum allowed stay of 6 years on H1B.

[rahul412]

You cannot apply both H1 ext and COS to H4 at same time. If you want to file COS to H4 what's the need of H1 ext?

[vikkyd1]

The only reason I'm applying for my H1 extension is if I ever wanted to come back to H1 again within 3 years (assuming I'll get 3 year extension)

 

So my question is, in 3 years if I wanted to come back H1 then do I have any advantage having H1 extension OR not?

[jairichi]

The only reason I'm applying for my H1 extension is if I ever wanted to come back to H1 again within 3 years (assuming I'll get 3 year extension)

 

So my question is, in 3 years if I wanted to come back H1 then do I have any advantage having H1 extension OR not?

If you have not exhausted 6 years on H1B then you are eligible to be cap exempt whether employer applies for extension or not.