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H4EAD to H1B

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  • H4EAD to H1B

    Hello Experts,

    I am presently working on H4-EAD and my employer filed for H1b in April 2020 which got approved now. Still employer hasnt received the notice (so not sure about validity dates/i94 in I797 notice), I have couple of questions if someone can help me

    1) Can I continue to work on H4-EAD or do I need to do change of status(COS) to H1B.

    2) If I continue to work on H4-EAD will 6 year clock for H1B start parallelly or it won't until I file for COS.

    3) If I step out of USA for a vacation, which visa stamping should I go. I guess it should match with what I choose to pick (H4 or H1)

    4) If I want to switch to new employer, shall I have to switch to new employer, or I can continue working with current H4EAD and the new employer can port my H1B

    5) Lastly, related to 1 & 2 what should be the preferred choice here, switch to H1B or continue on H4 visa.

    Thanks for your time and help towards this.

    best regards
    Last edited by zkp2020; 12-08-2020, 11:20 PM.

  • #2
    Please see my response below.
    1. First you will need to confirm, whether you filed H1B under change of status or consular processing. If you filed change of status, from Oct 01 onwards status will be changed and you will not be no longer on H4 EAD status.
    2. Let's assume, you filed H1B with consular processing. Until you go for visa stamping and get visa on H1B, your status will not be changed. And 6 years clock will be started once you come under H1B status.
    3. It is your choice. If you want to go with H1B then get H1B visa stamped and return back to the USA. If you want to continue with H4 and you have H4 visa already then nothing needs to be taken care, while you are travel abroad.
    4. Yes. If New Employer wants to sponsor H1B, they can file H1B with change of status now and start working upon H1B Approval. On another hand, if you want to move another Employer with H4 EAD, Yes. you can move with this status.
    5. It is absolutely your choice and preference. Each Non immigrant visa has positive and negative side.