My spouse is on H-1B (with their current employer A) and they filed for H-4 COS (I-539) and EAD (I-797) concurrently a few months back for me. I am able to remain in the US because I was on a valid O-1 status when H4 applications were filed.
My spouse has an offer from employer B. We are thinking of filing H4 COS and EAD again, alongside the new H-1B application (I-129).
1. Is it possible for us to file new H4 COS and EAD applications while the original H4 COS and EAD applications are pending?
2. Will I be considered out of status because I am filing the new H4 COS and EAD applications while not being on valid immigration status (as my O-1 status expired a few months back)? More specifically, what will we fill in “Current Nonimmigrant Status” in Form I-539 for me?
3. Is there a way to link previous H4 COS and EAD applications to the new H4 COS and EAD applications?
My spouse has an offer from employer B. We are thinking of filing H4 COS and EAD again, alongside the new H-1B application (I-129).
1. Is it possible for us to file new H4 COS and EAD applications while the original H4 COS and EAD applications are pending?
2. Will I be considered out of status because I am filing the new H4 COS and EAD applications while not being on valid immigration status (as my O-1 status expired a few months back)? More specifically, what will we fill in “Current Nonimmigrant Status” in Form I-539 for me?
3. Is there a way to link previous H4 COS and EAD applications to the new H4 COS and EAD applications?