H1b to H4 COS and H4- EAD issue

USA H4EAD
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My wife had her H1b to H4 COS and H4- EAD filed with my H1B renewal’s premium processing. We had her COS and H4 EAD effective start date in August 2024, however USCIS approved COS from 02/26/2024 and EAD to be 06/05/2024 ( alongside my H1B renewal date).

Unfortunately this means she is now on H4 and she has to stop working immediately.

Attorney says they believe the date discrepancy between H4 and H4EAD is an USCIS error and they will reach out to USCIS to get it fixed.

My wife had her 6th year H1b valid until 01/15/2025

Can someone share how to get resolved this soon so that she can start employment? (possibly by going back on H1b)

I am not sure if USCIS will consider this as an error and will get it fixed, any idea how long it may take for them to acknowledge and fix it if they agree?

Thanks in advance

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Following the thread

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Only USCIS’s reply will gove you the final answer.

If you want to get back to H1B, then one of the option is to go out of US and return using H1B visa stamp to get back to H1B status.

But, then, the other problem will be to refile the H4 COS again.

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Thanks…

could she use existing h1b stamp from old employer which is valid until 09/30 to renter US?

Or her employer can file another H1b (h-4 to h1b) COS for premium processing?

Any idea how long it takes USCIS respond for such error?

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What did you end up doing here? My attorney also said the fastest way to switch back to h1b is travel internationally and come back on a valid h1b stamp. Best to clarify with your attorney.

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We did travel internationally to get back on H-1B since her H-1b stamp was still valid. At the same time attorney did email/call to USCIS to correct the dates on H-4 application, luckily USCIS officer agreed and they matched the H-4 date with EAD date to be the same which is effective to be with my H-1B renewal date. Hope this helps.

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Thats great news! This helps. Thanks

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Hello - does entering back on an old stamp work to (re)activate H1B? I am in the process of filing for my H1B extension and we were thinking of moving my wife from H1B to H4EAD for some side business but after reading your case, I am not sure :expressionless:

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Re-entering back on valid H-1B stamp, does change back on H-1B.

There’s some risk involved with employment gap, but luckily it was short one for us (1 week) and also USCIS corrected the initial dates that they had approved for to match her both H-4 and H-4EAD dates to be same. Good luck!

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Thanks for your reply. Is there a reference article for this concept of entering on H1B with an approved H4 as your latest status?

Based on last action, once you have H4 approved, aren’t you automatically on H4 and no longer H1B? How do you selectively choose to enter on H1B at the POE and render your latest approval ineffective?

I know CoS is cancelled if it’s pending and you travel but not when things are approved. I’d like to share this with our attorney so a link to a formal policy or any other document other than a forum discussion I could leverage would be very much appreciated.

Thanks

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A status is lost as soon as you exit the US. A new status is assigned when you re-enter the US.

That’s why a new i94 is issued with the status mentioned on it every time you enter the US.

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CoS is also cancelled when you enter on a different status given if the visa stamp you’re entering is still valid. In my case H-1B stamp was still valid. After we arrived in the US, USCIS corrected H-4 start date to match the H-4 EAD of later date for which we didn’t require to file another H1B to H-4 COS.