My Spouse she is on H1B of 2.5 years, I have apporved I-140 in EB2 under my name. My H1B is valid till Dec 2023. I am planning to convert my spouse H1B to H4 EAD. She is currently employed. What are the consequence if I proceed with her H1B to H4EAD. Will her h1b revoked as soon as she files for COS to H4 ? Can we apply H4 and H4EAD same time? Will I get apporval and EAD same time ? Meanwhile what would be impact of Emploment meanwhile? Any suggestion, with guidance will help,
No. She can continue working on H1B if her employer is ok. She will transition to H4 status the day her COS is approved and so she will need to stop working the day of approval. She can resume same or new job once her H4 EAD is approved.
Yes, you can apply for H4 EAD with the H4 COS applicaiton.
H4 & EAD may or may not be approved at the same time.
Thanks Kalpesh, for the specifics.
I have one more question. If I change my employer with H1B transfer is it a good idea to include the status change of my Spouse from H1B to H4 and EAD simultaneously. Will this cause early processing for the EAD approval. So that we will not need to stop her employment. We just looking the best route for us to get the EAD as early.
You can apply for COS to H4 & H4 EAD along with your H1B EOS however there is no guarantee that they will all be adjudicated at the same time, even if you do premium processing for H1B.
The bill HR8337 was passed and currently going through the rulemaking process. Once done USCIS will start offering premium processing for H4 & EAD so you will have option to upgrade to PP and get early approval on H4/EAD.