Approved H4 EAD & H1B in RFE

USA H1B Visa
1

Hi All,

I applied for H1B last year and my case got picked in lottery but went to RFE in October,2015. Meanwhile my husband got I-140 approved so I applied for H4 EAD as well and got it approved.

Recently I applied for a job with my H4 EAD and got an offer from them but I still haven’t heard any response on my H1B.

If I start working for that company with my H4 EAD, what will happen to my status if/when my H1B also gets approved?

Is there a way to change my H1B from Change of Status(COS) to Consular Processing(CS) at this stage?

P.S - Employer replied for RFE in January

Thanks in Advance!

2

H-1 petition will continue to process and if approved w/ COS, you will have to stop working on H-4 EAD and start working on H-1.

Quick way to cancel COS is to travel outside US. Maybe go to CA or MX and get a new I-94 on return.

3

Thanks for your response. That sounds like a good idea but I have to go for visa stamping too.

Is it advisable to get my visa stamped in Canada or Mexico?

4

Also, the I-94 I have now is already different from the I-94 I provided with my H1B application. Will that cancel my COS?

5

For first time stamping, it is recommended to go to home country. You will be going for H-4 stamping, right? Do you already have it stamped in your passport?

Why is your I-94 different? Can you tell when you received each I-94 and what’s the effective date mentioned in each.