H4/H4ead/H1

[nbrao]

Hi,

I am currently on H4EAD which is valid till June 10 2021. My husband’s company is filing for extension for my H4 ead along with his H1. But due to the high processing times i might not receive my EAD card by june 2021. I am on a project now working for an employer on W2. In order to prevent the gap in my employment my employer said that he would reinstate my h1 which was revoked back in 2016( validity of this H1 is 2022) . My question is " Is it okay to reinstate H1 and also apply for h4EAD extesnsion at the same time" ? Because in future i wanted to be on H4EAD.
Incase if apply for h1 reinstate and h4EAD Extension and i end up getting H1 first i can work on H1 and once my H4EAD is approved i can work with my EAD and close my H1? Is this the right plan?

[rkk09]

Hi,
Please note, you can be on only one visa at the time. If you are going to file H1B, then you will have two options. One, you can file your H1B under change of status Approval or you can file H1B under consular processing.. When ever, your H4 EAD is going to end up, you can go get visa stamp or file another change of status petition in order to get H1B visa.. But, Once you file your H1B change of status, Once it gets approved your status will be changed as H1B and H4 EAD must be withdrawn. In another way, if you fail to withdraw your H4 EAD petition that is under process, then USCIS may issue RFE to get more info on your current immigration status.. when you respond to RFE, if you are not going to satisfy USCIS with needed documents then H4 EAD may get denial.
Thanks