H1B to H4 EAD back to H1B

[PradeepHegde]

Hi All,

I am currently holding H1B visa, working from last 1 year. Thinking about applying for H4 EAD [recently spouse got I-140 approval].
My question here is,
1] If i get H4 EAD, what is the status of my H1B. Is it in inactive status?
2] Do I need employer help to keep H1B valid? so that i can use remaining 5 year of H1B later.
3] If employer revoke my H1B after i got my H4 EAD, will my H1B is valid?

Please suggest me.
Thanks

[raghvi]

Hi All,

I am currently holding H1B visa, working from last 1 year. Thinking about applying for H4 EAD [recently spouse got I-140 approval].
My question here is,
1] If i get H4 EAD, what is the status of my H1B. Is it in inactive status?
2] Do I need employer help to keep H1B valid? so that i can use remaining 5 year of H1B later.
3] If employer revoke my H1B after i got my H4 EAD, will my H1B is valid?

Please suggest me.
Thanks

1. Before you apply for H4 EAD you need to apply for Change of Status from H1 to H4. It can take 4-6 Months for both H4 and EAD to be approved. You can mention in the COS application from which date you would want to move to H4 status. Do remember, post that date, you should not be working for the any employer till you get EAD in hand.
2. Not required.
3. The employer's petition would be revoked but you would still be cap exempt, which means, you need not apply in a new cap.

This is my opinion not legal advice.