H1 Extension & H1 to H4 COS & H4 EAD

USA H1B Visa
1

Hello Team,

I am planning to move from H1B to H4 EAD based on my spouse’s I-140. My wife is submitting her H1B extension application and attaching my H4 [Change of Status from H1B to H4] and EAD petition. I read it online that I need to take a break between H4 approval and H4 EAD approval. I have the following questions?

  • I need to take a break from the time H4 approval to EAD Approval or H4 Approval to the time I receive EAD Card ?
  • I want to continue with the same company on H4 EAD, What exactly is the break means? Is it quitting and rejoining (Re-hire) again or taking an unpaid leave?
  • Can USCIS deny my spouse’s extension but approve my COS from h1 to h4 with an end date of Jul 2019?

Thanks.

2

Firstly, you can file them concurrently. Many have done it together H4 COS + H4 EAD together along with H1B extension.
Context of break is, if you do NOT get H4 approval and EAD approval together then you need to take a break from H4 Approval to H4 EAD Card delivered to your hand. Technically, the moment you are on H4, you cannot work in general, until you have the H4 EAD card in hand, that’s what they mean.
No, your H4 is tied to your spouse H1B, so that case would not arise.