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H1 to H4 while extension status pending

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Hi Saurabh, My H1 is under extension currently and I am planning to change to H4 and apply EAD. My question currently is can I apply for the same now? If yes, would it save me time if I  get H4 stamped in India and then apply for EAD or apply for both here concurrently?

If no what is the best option to change to H4 EAD at this time? Please let me know
asked Apr 19 in L1, L2, H4, B Visas & Misc by hiphop (120 points)

1 Answer

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If your I-94 has not expired, then you can apply for H-4 COS and EAD concurrently. If I-94 has expired, then faster route is to get H-4 visa stamped and then apply for EAD after returning to US.
answered Apr 20 by Saurabh (284,320 points)
Thanks Saurabh. One more question, I resigned from my job currently my last day being Apr 30th. Wanted to know how long do I have before I have to change my status to H4. Just FYI- my H1b is under extension, it has been filed in Sep 2016 and still waiting for an update. Question 2)From what I have read I think we need to have a valid status to file for H4 EAD. Can  you please confirm if I can file for H4 EAD while the extension is still pending. If there are any exceptions etc.
1. I would say file within a week or so. Anything more than that falls into gray area and USCIS may ask for proof of status.
2. If your I-94 has not expired, then you have valid status and can apply for H-4 COS and EAD. I assume the employer would contact USCIS to abandon the extension as soon as you leave them.

When is your current H-1 I-94 expiring?
Hi Saurabh,

My I 94 has already expired in Sept 2016. I requested them not to abandon the extension as it is almost time and I will get an update on it soon. I was told we will have 60 day grace period to switch to a different status or find another employer. Is that true? Should my employer run payroll during the period- (after my resignation and while the extension decision is pending)?
If the I-94 has expired, then you should leave US. Any new application you file (like H-1 transfer or H-4 COS), needs a valid I-94 which you don't have. I would suggest leaving US, getting H-4 visa stamped and then apply for EAD after returning to US.

60 day grace period to apply for another action like H-1 transfer or H-4 COS would be applicable to cases where I-94 has not expired yet.



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