Queries regarding H1 to H4 COS and H4 EAD

[imiuser]

Hi,

My Immigration details:

H1B: Valid till JAN 2019
I140: Approved in MARCH 2018

My Wife Immigration Details:
H1B: Valid till JULY 2019

In Next month, I?m planning to apply for my H1 extension in premium process. Along with my H1 extension, I?m planning to apply for my Wife?s H1 to H4 COS and H4 EAD.
That being said, I have following queries related to this process

1. With all H4 EAD removal confusion going with current administration, I was wondering if it?s still good idea to apply for H4 EAD in 2nd week of AUG 2018.Please let me know if anyone has applied for EAD recently and if it got approved.
2. In case if H4 EAD is not approved and H1 to H4 COS gets approved, can we still use her old approved H1B to continue working(she has valid H1B till JULY 2019).
If not my understanding is new H1 transfer needs to be filled for COS from H4 to H1 ,correct?
3. Do we have option to choose H4 EFFECTIVE DATE when filling COS?
4. If H4 EFFECTIVE DATE is selected as JAN 2019 and if H4 EAD gets denied in SEP 2018, do we have option to withdraw H4 EFFECTIVE DATE kick-off and continue working on H1B?
5. I have read in some forums that EAD gets approved only after completing 3 months in H4 status, is this true? Also, will the case be same when applied with H1B extension in Premium, meaning will H4 EAD gets approved only after completing 3 months on H4 status.

Thanks

[scientist2016]

Hi,

My Immigration details:

H1B: Valid till JAN 2019
I140: Approved in MARCH 2018

My Wife Immigration Details:
H1B: Valid till JULY 2019

In Next month, I?m planning to apply for my H1 extension in premium process. Along with my H1 extension, I?m planning to apply for my Wife?s H1 to H4 COS and H4 EAD.
That being said, I have following queries related to this process

1. With all H4 EAD removal confusion going with current administration, I was wondering if it?s still good idea to apply for H4 EAD in 2nd week of AUG 2018.Please let me know if anyone has applied for EAD recently and if it got approved.
2. In case if H4 EAD is not approved and H1 to H4 COS gets approved, can we still use her old approved H1B to continue working(she has valid H1B till JULY 2019).
If not my understanding is new H1 transfer needs to be filled for COS from H4 to H1 ,correct?
3. Do we have option to choose H4 EFFECTIVE DATE when filling COS?
4. If H4 EFFECTIVE DATE is selected as JAN 2019 and if H4 EAD gets denied in SEP 2018, do we have option to withdraw H4 EFFECTIVE DATE kick-off and continue working on H1B?
5. I have read in some forums that EAD gets approved only after completing 3 months in H4 status, is this true? Also, will the case be same when applied with H1B extension in Premium, meaning will H4 EAD gets approved only after completing 3 months on H4 status.

Thanks

1. At this point there is no clear answer as to what would happen to H4. That being said, it is almost unlikely that any H4 cancellation would be retroactive. Hence, it would in-fact be a good idea to get H4 as soon as possible now, since it is currently available, and conserve any time left on the H1.
2. Nope once your spouse's status switches to H4, and she has no EAD she can not work. To switch back to H1, either she needs to go outside the US and re-enter with a valid H1 visa, or file another COS petition this time from H4 to H1.
5. Nope there is no such thing.

[Legal Dreamer]

H1 to H4 Complicated Situation

My Details
Currently on H1.
I94 expired - May 15th 2018
H1 Extension Applied (normal processing)- March 23rd 2018
Spouse H1 to H4 applied along with my H1 on March 23rd. the start date of h4 was requested as April 9th. As her H1 was expiring on April 8th.

Spouse
I94 expired - April 8th 2018
H1 Extension Applied (normal processing)- April 7th 2018 - (you read it right , the company initially was not ready to file extension for my spouse hence had to file H4 for her along with my H1)
Send an application to pull back her H4 petition - June 10th 2018 - Yet to get an acknowledgment.

Question
As her extension was applied she has been working with company A till now. Project is getting over company A wants her to come back. Since we a small baby she cannot go back now and will quit the company A. I want file for her h4 so that she can remain her legally without having to go back.

1) Do I need to apply a new H1 to H4 petition for her or is there an option where I can send an another application USCIS to Consider her earlier h1 to h4 petition but starting with the date she quit company A.
2) Should we apply before she quits from company A or after she quits.
3) Once applied can she legally stay here till her h4 acknowledgement comes.
4) Will she get approval along with my H1 extension or will it take its own time as its filed separately from my h1 extension.
5) Does me not yet getting an acknowledgement for the H4 recall letter we sent cause any issues here. How can I track it or get a response?

Any help will be greatly appreciated

Regards
Legal Dreamer