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H1 to H4 to EAD

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  • H1 to H4 to EAD

    Hi,
    me and my wife are now on different H1 visa. My I140 has been approved and my wife completed 4 years on her h1 status. we are not planning for any green card processing for my wife.
    here are my questions.
    - Can she change he status to EAD without any breaks for her employment.
    - can she apply for H4 and EAD in parallel while she is continue to work on H1
    - Does she need to resign first before applying for H4 then EAD

    Please help me.

  • #2
    Originally posted by usc View Post
    Hi,
    me and my wife are now on different H1 visa. My I140 has been approved and my wife completed 4 years on her h1 status. we are not planning for any green card processing for my wife.
    here are my questions.
    - Can she change he status to EAD without any breaks for her employment.
    - can she apply for H4 and EAD in parallel while she is continue to work on H1
    - Does she need to resign first before applying for H4 then EAD

    Please help me.
    H1 to H4 Change of status and EAD can be applied concurrently. If your H1b is due for extension, all of them can be combined and posted in one package. Though not a rule, USCIS generally approves them all as courtesy. If you request for the change of status and h4 ead start date the same and few weeks into the future, then she most likely can continue to work without a break. No. She doesn't have to resign in the above scenario.

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