Can I keep working on my own H1B and still get H4 EAD approved with spouse H1B?

I am on H1b and my spouse is also H1b. I am eligible for H4ead . My question is if I apply for H4ead can I still work on H1b until H4ead is approved and card issued. How does this work?

Hi @RUTH

H1B to H4 COS required for H4 EAD

You need to change your status from H1B to H4 before you can apply H4 EAD.

Only one Status at a time: H1B or H4

You cannot get both at same time. You can only have one status at a time while you are in US.

Your status is mentioned on your i94.

Keep working on H1B until H4 COS is approved

You can keep working on your H1B until your H4 COS application is approved. Once H4 is approved, your i94 status will change from H1B to H4.

Now, you can only work if your H4 EAD has been approved and you have got the EAD card in your hand.

Thank you for reply.
So then i will have a gap in my work. How to avoid it? Like can i ask my H4 cos date only when h4ead is approved.

Hi @RUTH

You have the option of choosing the start date on H4 i539 application form but you can’t really ask for matching it with H4 EAD approval date.

There could be a gap which you cannot control. It all depends on the sequence that USCIS follows and when they approve your applications. You cannot control or guess this sequence.

Hi Anil,
further to this topic, what is the current gap between h4 cos approval and ead approval? If I travel to India right after my h4 gets approved, can I work from there until EAD is approved?