H4 to H1 Change of Status (COS)

USA H1B Visa
1

HI,

I am looking for info on H4 to H1 Change of Status (COS)

Here’s the scenario.

I am currently on H4 and filled h1 in April 2015. My H1 application got selected in lottery and recently received RFE. H1 application is filled with Change of Status from H4 to H1. Now as it’s in RFE status I am not sure when it will be approved (if I get approval)

I also filled H4-EAD based on new rule and my EAD is approved. I am planning to search job on H4 EAD now, as I can start working.

After I start working with employer A based H4 EAD, if my H1 is approved which is filled from employer B and with COS. Do I lose my H4 status on receiving my H1 approval ? Approval can be before Oct 1st or later.

Or I can still continue to work on H4 EAD as H1 approval is from different employer and I will paid by employer A.

2

I believe this is governed by the last action rule so you would be on H1 after October. However this rule does get confusing and its almost always best to a) check with your lawyer, b) travel out and come back if that what he/she suggests.