Moving from H1B to H4 EAD without A Break

USA L1, L2 Visa
1

Hi,

I’m currently working full time and my visa status is H1B. My husband’s 140 is approved and I’m looking for an option to move to H4 EAD without taking a break in my career. Is there an option to do that?

If I initiate the H4 EAD transfer now, what visa I’ll be in until I receive the H4 EAD?

Can I work in the mean time?

If my husband is applying for H1B visa renewal and it gets delayed, will I be able to work just like him?

Thanks!

2

I would recommend to work upto your EAD approved. Once it gets approved, then go with EAD.

3

Jathin,

Do you mean, I can work till my H4 EAD is approved? To transfer from H1B to H4 EAD, I need to apply for H4 first and then apply for EAD, am i right?

4

You need to file COS from H-1 to H-4. This will be filed in parallel with your EAD application. Until COS is approved, your status will remain H-1 and you can continue working for current employer.

Once COS and EAD are approved, your status will become H-4 and you can work for any employer using the EAD.

5

Thanks. If we apply for both COS and EAD at the same time, which one is likely to get approved first? Does the order of approval affect current employment?

6

They will be approved together or EAD will be approved followed by COS. Until your status becomes H-4, EAD makes no sense.

7

Thanks. What will happen if my H4 comes before EAD? Has it happened ever before?

How long is the H1B to H4 transfer process?

8

If they were filed together, then they should be approved together. COS may take 2-3 months to process. If EAD is approved later, then you need to stop working once H-4 is approved, and can start working once again when EAD gets approved.