H1 to H4 EAD - Status Of current H1

[geotheone]

Hey,

 

I have read through a lot of the the H1 -> H4 EAD forums and could no find an answer for my questions. My Wife is Planning to apply for H1 – H4 EAD conversion.Below are my questions on her current H1 status.

 

1.       If she applies for H1-H4 conversion what happens to her current H1? Does it go into a suspended status?

2.       Could her current employer retain her H1 in a suspended(or whatever the status) state when she is in EAD? Or is that H1 completely cancelled?

3.       If in future her EAD is rejected or for any reason if she needs to come back on the H1 Status is it possible? If so would  it have to be a new employer?

4.       In the above scenario would her H1 be cap exempt?

5.       Does the period when she under EAD count against the 6 yr period for H1?

 

Thank you all for your time.

 

George

[pontevecchio]

1. Once she has the H4 status approved, she will not be in H1 status anymore.

2. Not unless he is suspect as employers are REQUIRED to revoke the H1 once the person leaves.

3. Unless you are anticipating fraud relevant to your I-140, the EAD should be automatic. Mind you I suspect they want you to first change status to H4 and then apply for EAD which may mean a 3 month delay in work. You could run it by your company legal team for any specifics.

4. She is entitled to a total of 6 years in H1 status and H4 periods do not count.