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H4 to H1B to H4: Is new EAD application needed if previous H4-EAD is still unexpired?

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  • H4 to H1B to H4: Is new EAD application needed if previous H4-EAD is still unexpired?

    I had applied for H4 and H4-EAD extension, which took an unprecedentedly long time.
    So my employer filed my H1B under premium processing.

    My H4 EAD approval came through while H1B got an RFE. After submitting the RFE response the H1B also got approval (approx one month after H4 + EAD approval)
    So now I'm on H1B status. But I also have an H4-i797 and H4-EAD that are valid until June 2022.

    SO now if I want to switch back to H4 status (to protect time left on my H1B), do I need to file for the EAD card again with the change of status application?
    Or should I just file a change of status and use the unexpired EAD card once H4 approval comes through? (I will have a valid H1B until H4 approval comes through)

    Please let me know.

  • #2
    Hi,
    Please see my answers below.
    SO now if I want to switch back to H4 status (to protect time left on my H1B), do I need to file for the EAD card again with the change of status application?\
    Answer: When you file H1B petition with change of status your H4 is gone. So, if you want to switch to H4 again then you will need to file another H4 petition along with EAD petition.
    Or should I just file a change of status and use the unexpired EAD card once H4 approval comes through?
    Answer: I don't think you can use previously approved EAD. Why because, H4 EAD is depends H4. If you don't have H4 Approval then automatically H4 EAD also will be void. So, Its better to file both H4 and H4 EAD together in order to move to new status.
    Thanks

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