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Hi,
I was working on H1B. Because my PERM processing was getting delayed, I switched to H4EAD to save my H1B time (since only 7 months left on H1B 6 Year cap).
Now My H4EAD will expire on Oct 1, 2020. My employer filed my PERM 2 weeks before.
My husband submitted H1B+H4+EAD extension 2 months before. Now his H1B approved for 3 year. But My H4 and EAD still in "Case received" status. As I checked the USCIS processing time, H4 etension (I-539) will take 5 to 7 months , So I asked my employer to file H4 to H1B from (Oct 1, 2020 )petition by using remaining 7 months of my H1Bcap in premium process. They are preparing the petition now.
Here is my questions,
If My H4 + EAD is approved (before October 1) and also I got H1B approval from October, how I can switch my status back to H4 again from H1B during this COVID period?
Due to the travel ban we can't go to India to get it stamped. Or go to Canada/Mexico also not possible.
So I need to file a change of status petition again to change back to H4?
Or I can go to any CBP office and showing both approvals and ask them I would like to stay in H4 status, they will stamp the I94 based on my H4 approval notice?
Can anyone help me to answer these queries?
Thank in advance.
I was working on H1B. Because my PERM processing was getting delayed, I switched to H4EAD to save my H1B time (since only 7 months left on H1B 6 Year cap).
Now My H4EAD will expire on Oct 1, 2020. My employer filed my PERM 2 weeks before.
My husband submitted H1B+H4+EAD extension 2 months before. Now his H1B approved for 3 year. But My H4 and EAD still in "Case received" status. As I checked the USCIS processing time, H4 etension (I-539) will take 5 to 7 months , So I asked my employer to file H4 to H1B from (Oct 1, 2020 )petition by using remaining 7 months of my H1Bcap in premium process. They are preparing the petition now.
Here is my questions,
If My H4 + EAD is approved (before October 1) and also I got H1B approval from October, how I can switch my status back to H4 again from H1B during this COVID period?
Due to the travel ban we can't go to India to get it stamped. Or go to Canada/Mexico also not possible.
So I need to file a change of status petition again to change back to H4?
Or I can go to any CBP office and showing both approvals and ask them I would like to stay in H4 status, they will stamp the I94 based on my H4 approval notice?
Can anyone help me to answer these queries?
Thank in advance.
