Can H4EAD work after EAD expiration date as long as H4 to H1 COS is in progress?

Hello Anil,

My spouse extension (COS from H4>H1 and H1 quota excluded ) is in progress and he got an RFE.

His lawyer will be working on RFE response. He is currently working on H4 EAD expiring Dec12th.

We have few questions:

  1. Can he work after Dec 12th (EAD expiration date) as long as his H4>H1 COS is in progress?
  2. Is it possible and advisable to respond RFE in premium considering EAD expiration date is near. His H4>H1 COS was filled in regular in June 2019 and he got RFE on Oct 10th?

Hi @Sam25

H4 EAD cannot work if EAD has expired and renewal has not been approved.

If your spouse wants to work using H1B, then H1B COS should be approved before he can start working using H1B.

My suggestion is to upgrade your H1B to premium and get approval on or before H4 EAd expires to keep the continuity of job.