H4 EAD Validity after status change to H1B

USA H4 Visa
1

Hi,

I’m on H4 Visa and have EAD valid till Dec 2021. I applied for H1B lottery and got picked. I have approved I797 also effective Oct 01, 2020. Now I’m planning to file H1B transfer effective Oct 01, 2020. So my question is if my H1B transfer is denied then can i file change of status to H4 Or can i travel back to India and come back on H4 Visa. If yes then my existing H4- EAD which is valid till Dec 2021 will be active and i can use it for employment ? Or I have to file for fresh H4 EAD.

Thank you

2

If you are on H4, that’s the status you will continue to have if your COS is denied. As long as your spouse is on H1B, you can be on H4, even if H1B COS is denied. Same thing with your EAD. Yes, it will be active as before as your request to COS was denied.