Both H4-EAD and H1B

[neeraj.ch]

I got my H4-EAD approved last month and was looking for job. Yesterday I also got my H1B approved. Now we are confused which one is better. Could someone please answer these questions?

1> What will happen to EAD status after H1B approval?
2> Will my H1B status still be valid if I opt to work on EAD?
3> Could I work on H1B and say few months later work on EAD(because of some employer/consultant firm issues)? In future could I still resume on H1B?

[raghvi]

I got my H4-EAD approved last month and was looking for job. Yesterday I also got my H1B approved. Now we are confused which one is better. Could someone please answer these questions?

1> What will happen to EAD status after H1B approval?
2> Will my H1B status still be valid if I opt to work on EAD?
3> Could I work on H1B and say few months later work on EAD(because of some employer/consultant firm issues)? In future could I still resume on H1B?

Was H4 to H1 applied as COS? Did the H1 I797 approval notice come with a new I-94 ? If answer to both these questions is yes then you already are in H1 status and must be working and getting paid by H1 petitioner otherwise you go out of status.

1. You can only be in one status at a time. Either on H4 or on H1. So if you moved to H1 as per above then you are on H1.
2. In order to use your EAD you must file a COS from H1 to H4.
3. Again you should file a COS from H1 to H4 or H4 to H1 in order to shift between statuses.

This is my opinion not legal advice.

[neeraj.ch]

Was H4 to H1 applied as COS? Did the H1 I797 approval notice come with a new I-94 ? If answer to both these questions is yes then you already are in H1 status and must be working and getting paid by H1 petitioner otherwise you go out of status.

1. You can only be in one status at a time. Either on H4 or on H1. So if you moved to H1 as per above then you are on H1.
2. In order to use your EAD you must file a COS from H1 to H4.
3. Again you should file a COS from H1 to H4 or H4 to H1 in order to shift between statuses.

This is my opinion not legal advice.

Thanks Raghvi for your quick response. I appreciate it.

So, H1B wasn't filed with COS. It was processed with consular. So does it mean i am still on H4-EAD status?
1> Does it mean i can work on H4-EAD and also cap exempt for H1B?
2> How long H1B could be valid? Say if i apply for COS(h4 to H1) after 1 year?

[raghvi]

Thanks Raghvi for your quick response. I appreciate it.

So, H1B wasn't filed with COS. It was processed with consular. So does it mean i am still on H4-EAD status?
1> Does it mean i can work on H4-EAD and also cap exempt for H1B?
2> How long H1B could be valid? Say if i apply for COS(h4 to H1) after 1 year?

1. You can work only on H4 EAD OR H1, not both. If you want to continue working in H4 EAD nothing to do, but if you want to work on H1 then you have to file a COS from H4 to H1.
2. Typically 6 Years from initial filing year.

This is my opinion not legal advice.

[Hari_grt]

Both H4-EAD and H1B approved

Hi Neeraj,

We are also in the same situation.Can you let me know how do you handled this.

Have got H1B RFE approved first and then H4 EAD is also approved now within two weeks.which is valid now. Which work authorization i need to use.Can you share your experience.