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H1 to h4 to ead

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  • H1 to h4 to ead

    My spouse is on her own H1.

    My I140 recently got approved. I intend to change my wife to EAD.

    1. If my applies for H4 as my dependent, can she continue to work on her existing H1 ?
    2. Can she continue to work on her existing H1 even after her H4 is approver?
    3. Can she work on her existing H1, while she applies for EAD and is in process?
    4. Can she choose to shift hrom her H1 to EAD with the same employer, if the employer doesn't have any issues?

    Thanks
    svn

  • #2
    Originally posted by svnind View Post
    My spouse is on her own H1.

    My I140 recently got approved. I intend to change my wife to EAD.

    1. If my applies for H4 as my dependent, can she continue to work on her existing H1 ?
    2. Can she continue to work on her existing H1 even after her H4 is approver?
    3. Can she work on her existing H1, while she applies for EAD and is in process?
    4. Can she choose to shift hrom her H1 to EAD with the same employer, if the employer doesn't have any issues?

    Thanks
    svn
    In order to get H4 EAD one needs to first move to H4, that is by applying H4 COS.

    1. Only till the date requested on the COS application.
    2. If H4 applied as COS and is approved, she cannot continue to be on H1.
    3. Yes.
    4. Yes.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks raghvi for your response.

      Follow up question :

      1. What is COS ?
      2. Can she apply for H4 COS for a much later date, and get covered to be able to work until she gets EAD approved ?

      Comment


      • #4
        Originally posted by svnind View Post
        Thanks raghvi for your response.

        Follow up question :

        1. What is COS ?
        2. Can she apply for H4 COS for a much later date, and get covered to be able to work until she gets EAD approved ?
        1. Change of Status. Your spouse is currently in H1 status, in order to get h4 EAD she needs to first file a COS to H4 and can in parallel apply fo rEAD.
        2. Its a question of timing, generally one can apply H1 to H4 COS and EAD along with it (form I539 for COS and form I765 for EAD). USCIS may or may not approve both at the same time as they are two different processes, so plan for a delay in getting an EAD , if any.

        This is my opinion not legal advice.

        Comment

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