Option to shift from H1b - H4 EAD without loosing employability


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US Entry/Travel Details


VisaType Dateofentry DateofDeparture DaysSpentInUS
L1B 7/24/2008 2/20/2009 211
L1B 3/14/2009 6/5/2013 1544
F1 6/6/2013 2/8/2016
H1B 2/9/2016 4/12/2017 428


Background – My wife has her Perm & I140 Approved and has a Valid H1 Visa until 07/10/2017. Her employer is filing H1b - Amendment and Extension due her role change.


1.       Can I Apply my COS [H1b – H4] along with her, is there an option to provide Future date for this H4 to be effective [120-150 days from the day of filling] possibly Premium

2.       If yes can I Apply my H4 EAD subsequently based in the effective date.

3.       What other possible legal options do I have to stay in legal continuous status without affecting the employability.


PS: My wife employer would not apply my H4 EAD, and I assume that I can’t apply my COS in premium processing

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JoeF / Rahul - can u please respond to below

My wife is working on H1B (has approval till 2018) and she got approval for COS H4 and H4 EAD on May 11.

But we sent out a withdrawal application on May 3, 2016 for COS.

1) Is there any possibility to cancel the withdrawal application as we still receive the withdrawal receipt, if my wife wants to continue in H4 EAD?

2) What will be her status after Withdrawal from USCIS?

3) What will happen after withdrawal of COS H4 and H4 EAD? Can she continue working on Previous H1B?

4) Now that her H4 EAD is approved can she continue working for the same employer on H4 EAD.

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