Hi Anil , Team , Please help me on the below question.
My wife is on H4 EAD(07/30/2020 to 07/30/2022), She holds a H1B also with around 1.5 years left and her i140 is in progress as well.
Given the situation of H4 EAD approval delays , Is it a good idea to file H1B before the expiry date (07/30/2022) and get the approval before (07/30/2022) to continue working without gaps and then file H4 EAD with a future start date depending on new H1B expiry date ( For Example if H1b Expiry date is 02/01/2024 , then we can file H4 and EAD in advance in 12/2022 to get a start date of 02/01/2024).
Q1- Please let me know if it is possible while staying in USA , Is there any risk in approvals for this process.
Q2- Also how the situation will change if we have the approval of H4 EAD with a future date , but we plan to travel out of USA … if She gets H1B stamping , is there any impact to H4 EAD Future approval ? If She gets H4 stamping then what will happen to the H4 and EAD future date approval.?
Q3 - if we have the H4 EAD in progress and we plan to travel out of USA … if She gets H1B stamping , is there any impact to H4 EAD which was in progress ? OR If She gets H4 stamping then is there any impact to H4 EAD which was in progress .?
You can always request your intended effective start date for change of status application but there is no guarantee that your application will be processed before the start date on I-539. That means if the application is approved after the requested start date, the start date will be the date of approval. Per my understanding, unlike extension of status, change of status applications are not approved with back dated start date.
In other words, it will be difficult to time the start date for change of status per your wish. This can be better controlled by the H4 beneficiary by opting for consular processing instead of a change of status application.
For H4 EAD approval, the beneficiary needs to be in H4 status.
Yes , it is difficult to time COS start date , but If we file the COS from H1B to H4 well in advance , which is more than AVG processing time of COS ( H1 to H4) , then there will be high chance of getting H4 start date after H1 expiry … for the consular processing H4 , i think you need to file EAD after coming to USA and you will be again out of work waiting for EAD… what do you suggest…