H4-H1B COS and H4 EAD question

[Shikha1234]

I am currently on H4 and my spouse recently got his I140 approved. We are thinking to apply for H4 EAD which as per his employer can take 4 months to get approved. I also have a previous H1B petition for which any employer can do a COS from H4 to H1B as and when I get a project.

My question is that if I apply for H4 EAD and that is in progress, meanwhile I get another project for which the employer is willing to do a COS from H4 to H1B in premium processing and that approval comes before H4 EAD approval, what will be my legal status to work? Can it create any complications?

[raghvi]

I am currently on H4 and my spouse recently got his I140 approved. We are thinking to apply for H4 EAD which as per his employer can take 4 months to get approved. I also have a previous H1B petition for which any employer can do a COS from H4 to H1B as and when I get a project.

My question is that if I apply for H4 EAD and that is in progress, meanwhile I get another project for which the employer is willing to do a COS from H4 to H1B in premium processing and that approval comes before H4 EAD approval, what will be my legal status to work? Can it create any complications?

Your H4 EAD will most likely result in RFE asking to prove valid H4 status.

This is my opinion not legal advice.

[Shikha1234]

Thank you for reply. One more question - if such a case happens and I get my H1 before getting H4 EAD result, can I continue working on H1 or do I have to respond to H4 EAD RFE or that can be ignored?

Your H4 EAD will most likely result in RFE asking to prove valid H4 status.

This is my opinion not legal advice.

[Shikha1234]

Can someone please help me with an answer to this question? If H1 comes before H4 EAD, what is the procedure to withdraw the application of h4 ead? What happens if we do not withdraw that and it results in RFE?

[raghvi]

Can someone please help me with an answer to this question? If H1 comes before H4 EAD, what is the procedure to withdraw the application of h4 ead? What happens if we do not withdraw that and it results in RFE?

I don't think there is a process to withdraw a pending EAD request, would suggest to respond back to RFE stating that as you are in H1 (provided H1 gets approved), you no longer need/are eligible for H4 EAD.

This is my opinion not legal advice.