H1 to H4EAD and back to H1

Hello Experts,

I have a query regarding the H4EAD and H1.

My wife have H1 and I have am no H1 with I140 approved. My questions are:

If she wants to change to H4EAD from H1B, can she retain the H1 and go back to H1 after say two years?

When she transfers from H1 to H4EAD, do that H1 has to be held by that employer who filed it?

How difficult it is to get back to H1 from H4EAD? I mean chances of rejection/denial etc?

Thanks in advance for the help.


She can move to H-4 EAD and back to H-1 in future. When moving back to H-1, she will have to apply for COS. If moving back to old employer on an still active petition, no further form is required. If moving to a new employer or same employer with expired petition, an accompanying cap-exempt petition filing is required.

Thanks Saurabh. You have just been great. I have a another question and would be really great if you can help.
I am on H1 and transferred it from C1 to C2.
While filing the transfer C2 file the LCA from say (California) state.My contract was not confirmed when the transfer was initiated but they wanted me to join at the earliest.
Now the engagement is on hold and would seems i would be not getting the client letter.

I gave number of interviews and might get a job in New York.
Now that the transfer was filed based on the LCA that was for CA but I would be providing the client letter based out of NY (when RFE comes). How should I handle this situation.

I understand when the RFE comes, my employer needs to file a new LCA for NY and attach the LCA and the client letter while responding for the RFE.

Is my understanding correct?

Thanks Again for your help

Changing the LCA is not recommended for a pending petition. Why don’t they file new LCA and another cap-exempt petition for you?

You are right. But now the situation have changed a bit and getting into another fix.
C1 who had my original visa revoked my visa as I left that.
C2 had already initiated the transfer and had my receipt notice before the C1 revoked but still in process now.
Now C3 who wanted to take me and thats where I am interested in and wants to transfer my visa.

In this situation what should I do? Can C3 transfer my visa based on C1 revoked notice and C2 transfer notice. I am in a big trouble here and would really appreciate if you can help

Thanks a lot again for all your suggestions.


Assuming C1’s I-94 has expired, C3 can file for transfer using C1’s approval notice and C2’s transfer receipt. You would need to produce recent payslips from C1 and/or C2 to show that you are in legal status.

Discuss the case with new attorney so that they can file the case with best supporting documents.

Hi Saurabh,

Thanks a ton for all your help and suggestions.Its so helpful.
C3 have initiated the transfer based on C1 approval petition (though C1 have revoked) and C2’s transfer receipt. I have the C1s salary slip till aug and C2 have not yet generated my slip yet. Hope submitting C1s salary would be sufficient.I am hoping to get it through.

Thanks again