H1 to H4 COS approved with past date, how to correct the start date?

I had applied for h1 to H4 COS and H4 EAD together. My COS is approved but the EAD is still under processing. I got my COS approval notice today. the notice show that my H4 status is valid from 10/1/2018 to 10/1/2021.

Though i did apply for a COS from H1 to H4 , i have been working until now.

My H1 is valid until April 2019. Would i be receiving the EAD with the same start date ?

else is there any process to update the start date of the COS ? What is the process to be followed in my case?

Thanks !

What start date did you request in your H4 COS application?

i requested for 11/1/2018. We were under the assumption that our cases will be processed under premium because it included my husband’s H1B extension and amendment also. But because of suspension of the premium processing of amendment, it did not go in premium.

Well, that’s the problem with applying Change of Status application as you can never guess what can happen and when will USCIS really approve your application.

You should contact an attorney to discuss your case.

Your status has been changed from back date means that your work starting 10/1/2018 will be counted as violation of H4 status.

H1B is out of scope now as your current status is H4 as printed on your new i94.

Thanks Anil for the reply. Hope there would be some process available to gte this corrected.

@Isha were you able to resolve this? I’m in the same boat i.e I applied for h1 to h4 CoS with requested effective date as 12/08/2019. However, I’m still working on h1 and don’t know if h4 will get approved with requested effective in which case it would be violation of status just like yours. Please let me know if you were able to fix this.

Hi @Isha

I would appreciate if you can share your experience about how you resolved this situation.

Hi Isha,

I am currently in a similar situation. Could you please let us if you were able to resolve your issue? Were you able to change the H4 COS effective date?


Hi Anil,
I had checked this with my company attorney and the attorney of my spouse’s employer.
Both of them told me that “The solution is to travel out of the US and return. That wipes out the unauthorized employment violation”. I had gone to India in September 2019 and did the stamping and returned back . No questions were asked on that.


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