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H4(ead) to h1b to h4 (cos and use previous ead that is not expired)

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  • H4(ead) to h1b to h4 (cos and use previous ead that is not expired)

    Hello Immihelp,

    Please suggest answer my questions in this regards.

    1) Used to be working on H-4 EAD earlier and it is valid till December 2021.

    2) Last year my employer also applied for H1B petition & its approved in last December 2019 with change of status from H4 to H1B (valid till December 2020 only).

    Due to personal/location constraints I would like to change back to H4 with EAD and my questions are as follows.
    • What should be done to change my status back to H-4? Which option is better from the below choices?
    (a) Apply Change of Status from H1B to H4 (apply via I-539 change of status) within USA (or)

    (b) Consular H4 stamping in Canada/India with supporting documents from Spouse
    • In case if I have to apply for H4 COS from H1B and get it approved within USA, can I use my previous H4 EAD for work authorization which is valid until December 2021 (or) do I need to re-apply for new H-4 EAD again concurrent with COS?
    • In case if I have to go for Consular H4 stamping outside of USA, can I use my previous H4 EAD for work authorization which is valid until December 2021 (or) do I need to re-apply for a new fresh H-4 EAD based on new H4 documentation?
    3) In future, if H4 EAD is terminated, can I file for CAP exempt H1B (or) do I need to have my H1B stamped at least once, to be eligible for CAP exempt H1B for 6 year term? Any conditions to be considered in doing this?

    Thanks in advance!!!

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