H1B approved while H4-EAD application is in process

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I was on H4 status in 2015 and I applied for H1B petition through employer A in April 2015. My petition got picked up in the lottery and got rejected due to a RFE in Nov 2015. My employer A have reopened the case by challenging the decision in Jan 2016. Lately we came to know that my H1B with COS is approved on 12th July 2016.

In the meantime my spouse’s I140 was approved in May 2016 and I applied for H4-EAD in June 2016. My H4-EAD application is currently being processed by USCIS.

With this new H1B with COS approval, does my H4-EAD application gets rejected? Is there any way to retain my H4 status and procure my EAD rather than joining employer A.

Please advise.

[kumarcm]

Any update

I was on H4 status in 2015 and I applied for H1B petition through employer A in April 2015. My petition got picked up in the lottery and got rejected due to a RFE in Nov 2015. My employer A have reopened the case by challenging the decision in Jan 2016. Lately we came to know that my H1B with COS is approved on 12th July 2016.

In the meantime my spouse’s I140 was approved in May 2016 and I applied for H4-EAD in June 2016. My H4-EAD application is currently being processed by USCIS.

With this new H1B with COS approval, does my H4-EAD application gets rejected? Is there any way to retain my H4 status and procure my EAD rather than joining employer A.

Please advise.

Hello Uday,

I'm in asimilar situation. I have applied for my H4-EAD and it's been about 75 days. Meanwhile, I got a job offer and they are ready to process my H1-B (no lottery since I previously had H1). What did you do in your case? Please let us know.

Thanks.