H1B to H4 change of status and its impact on H4-EAD

[sankar84]

I am currently on H4 visa and have an EAD card (dependent on my wife who is on H1B) that is valid till Sept 20, 2017 (which is same as the validity of my wife’s H1B).

 

My company is applying for H1B visa for me this year.  Since my wife wants to stop working in order to take a maternity break, when is the earliest she can become my H4 dependent, assuming I get my H1B visa selected  in the lottery and approved thereafter?

 

Can she apply for H4 when I receive my H1B approval (which is usually some time in June 2016) instead of having to wait till Oct 1^st 2016, when my H1B would kick in?  Will that jeopardize my H4 status and hence my eligibility to continue working? Because ideally for my H4-EAD to be valid the H1B holder needs to maintain his/her status.

 

 

[adshah84]

She have to wait at least till Oct 1st 2016 assuming you are going to file your H1B in PP. 

Otherwise it's taking longer then that to get approval. 

[rohang]

I think even if its approved, it wont come into effect until after Oct 2016. So she can't be on H4 until then.

 

i doubt that this switcheroo will work without any issues.