H1B approved while H4-EAD application is in process

I was on H4 status in 2015 and I applied for H1B petition through employer A in April 2015. My petition got picked up in the lottery and got rejected due to a RFE in Nov 2015. My employer A have reopened the case by challenging the decision in Jan 2016. Lately we came to know that my H1B with COS is approved on 12th July 2016.

In the meantime my spouse’s I140 was approved in May 2016 and I applied for H4-EAD in June 2016. My H4-EAD application is currently being processed by USCIS.

With this new H1B with COS approval, does my H4-EAD application gets rejected? Is there any way to retain my H4 status and procure my EAD rather than joining employer A.

Please advise.

So your H-1 COS was approved w/ effective date of July 12. In that case you are now on H-1 and need to work for H-1 employer.

If you want to work for any other employer, they can file H-1 transfer for you and you can work for them on H-1.

If you want to move to H-4 and use EAD, then you will either have to leave US and return on H-4 visa; or apply for COS from H-1 to H-4.


I’m in a similar situation. My H1B got approved while my H4 EAD is still in progress. Will I get the EAD or will have to work with H1 only.? Can you share what happened to your EAD after H1 approval.

Is there any way to invalidate the just approved h1 b and continue on my h4 EAD?