H1 approved and h4 ead is in process h4 approved

Hi @anil_am22
My spouse h4 and h4 ead applied on aug 2020
And in 2021 he applied for h1b and got picked and approved in June 2021 and start date of h1b is October 2021

His h4 got approved couple days ago 9/24 but h4 - ead is pending

He would like to be on h1b

Question:

  1. Do we need to with draw h4 ead ? If yes can we do right away ?
  2. after withdrawal if it still get approved after oct 1 st 2021 can he still on h1b? What it his status going to be

Can you please give a suggestion to keep h1b status

No need. If his H1B was applied with change of status from H4 to H1B, he will automatically move to H1B status on 1st October. So even if H4 EAD is approved that do not change his status. If in future he moves back to H4 and his H4 EAD is still valid, he can use that to work.

Answered above.

@Kalpesh_Dalwadi thank you do your prompt response
His h1b applied through employer for 2021. Changes of status is not applied
Do we need to apply the change of status for h1b? Now
What is process for it

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Please consult the immigration lawyer of your spouse’s employer and ask them if H1B was applied with COS or consulate processing.