H1b to H4 COS and H4- EAD issue

USA H4EAD
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1

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

2

Following the thread

3

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.

4

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?

5

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.

6

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.

7

Thats great news! This helps. Thanks

8

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:

9

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!