How can we convert L1/L2 to H1/H4 with minimum gap in EAD?

I am on L1 and my spouse is working on L2 EAD.

My H1 petition is approved last year (same employer) as ‘Consular Processing’. I also have an approved I140.

We are trying to convert from L to H visas (me L1 to H1, spouse L2 EAD to H4 EAD), and trying to figure out what is the best way to minimize the time period when my spouse is without the EAD. My queries are:

  1. Can we apply for COS now, even though I selected ‘Consular Processing’ option? Or do we have to go out of USA for getting the H1/H4 visa stamped?

  2. Can my spouse apply for H4 COS and H4 EAD concurrently? And if yes, is it reasonable to expect that both of them would be approved around the same time?

Thanks in advance,


  1. I think you can. But it make take months for the COS to be approved. If you go out of country, you can get done in few days.

  2. This is a gray area. I think you should be good to apply all together, as your H1 is already approved. It is just changing of the status. Check with your immigration lawyer to confirm.

Thanks ramanan256.

Can I also apply for H4 EAD in the US consulate overseas?

EAD cannot be applied at a consulate and needs to be petitioned to USCIS.