Hi , My spouse STEM OPT expired on June-28- 2020 .so I have applied for H4+EAD in the 2nd week of June and received the receipt before June 28. We have been waiting for the H4 biometric since then. Her previous employer have filed a H1B application in 2021 and it got picked up in the lottery and they are ready to do premium processing .
- what happens if her h1 gets approved before H4 biometric? I assume we will withdraw H4 petition ? would my spouse be in valid status and what would be her status from date of H1b approval to Oct1? Can she start working from October 1 without leaving the country assuming H1B petition filed with COS?
- What happens if her h1 gets approved after H4 biometrics and before H4 gets approved and later h4 gets approved after H1B approval?
- what happens if she receives a biometric appointment after filing H1b in premium? Is it advisable to reschedule the biometric so that h1B get approved before next biometric appointment. I have seen few cases where once biometric is given USCIS will process H4+EAD even though an withdrawal application is sent for H4 post H1 approval.
what would be the best approach to maintain the right status? Please advise.