I had applied for a change of status from H1 A to H4 and corresponding work authorization(H4 EAD) with start date from June5, 2018 (along with my spouse’s H1B extension). My H1B was ending on June 18 2018.
However, I have received my H4 and EAD approval notice but with two different start dates.
H4 EAD has start date from June 5 2018 - May 2021.
H4 Approval has a start date Oct 1 2018 - May 2021 (My spouse’s H1 B extension was starting in Oct 2018 when I applied for COS)
I had submitted a service desk ticket with USCIS to correct the H4 approval date however they have not been responding well for a year now. Wondering if the USCIS doesn’t modify it before I leave to India for stamping what are the consequences?
Will there be any problem with stamping?
Ideally EAD is starting before my H1 B is ending which gives me a valid status. I never had a problem going to canada and returning on AVR as well.
Appreciate the response!
It will not create any issues.
Usually, when USCIS adjudicates a petition, they do not backdate…So, you having those dates is fine…it should not create any issues. You can talk to your attorney and get second opinion as well. Nothing to worry. The general logic is that you are in period of authorized stay during your petition processing, so they cannot really go back and give you full status during that period…
Thanks for your response!
So i did not quite get when you mentioned “they cannot go back and give full status during petition processing…”. Reason for the ask again was my petition was approved on June 1 2018 since my EAD was given with the correct date. So my H4 approval I797A copy also had to be the same date.
Just that they have give the oct start date sine my spouses H1 had that date and they ignored the start date requested on the H4 form.
I hope it works out well! Thanks for your response. Appreciate it!
Hi Petra22, My spouse is in similar situation, both EAD and H4 i797a starting with a future date. While searching through the net for a solution we landed on this post. You mind sharing the latest update whether you were able to get i797a corrected or were you able to do stamping after this with out any hindrance.