Hi, I am working on H4-EAD which is valid till Nov 2020. Mean while my H1 got approved and is valid till April 2020. Even though I had opted for Consular processing my employer did Change of Status and according to them now I am on H1 and they have not provided me the I-797 approval notice.
Q1> My employer is not ready to give me the latest I-797, I-94. Is there a way I can get these records?
Q2> Is there a way I can continue on H4-EAD since it has an extended validity?
Q3> Can I apply for my H4-extension without doing COS as I do not have the latest I-797 and I-94 from my H1 ?
Q1. No, you cannot get them, they are your employers’. You can try to file an FOIA, if you have the receipt notice to get the details…
Q2. No, if your status has changed to H1B, you cannot work on H4. End of the day, it is your status. Also, your employer has to pay you or withdraw your H1B.
Q3. No, you cannot. It will confuse the immigration officer as on paper, if they filed as COS, you are on H1B.
If your employer is not cooperating, the better thing to do is exit the country, and re-enter on H4, so that your status is reset and then you can continue on H4 and go for extensions too.