H4 and h4 ead -h1b -h4

Hi Anil,
Could you please help us with our situation,
My spouse is on H4 and H4EAD(valid till Oct 2022) and working with Employer A
She got selected in 2021 H1B visa from Employer A and B
Employer B H1b approved in Jan 2021 and Employer A H1B in Feb2021
Employer A- Attorney said they filed H1B with out COS but we got H1B with I-90
Employer B - Filled with COS, but she did not joined that company and still working with Employer A.
Employer A asked us to file H4 COS to avoid confusion and we can work with them.

Now she got regular position with Employer C and they want to us to work on H4 .
can my wife join and work C company with pending H4 and valid - H4EAD(old one).


You mean I-94 right? Unless USCIS approved with change of status, approval with I-94 looks odd.

Did you wife ever switched to H1B at her current job with Employer A? Or is she still using H4 EAD?
Please clarify which H4 application is pending as you mentioned her H4 is valid till 2022?

Thanks, Kalpesh for your reply.
Employer A attorney communicated that he filed without COS but USCIS gave approval with I 94(May be attorney hiding his mistake in filling)
Employer A placed spouse at the different client within same MFA(20Miles) and they don’t want to use H1B approval and they are using H4 EAD as per their communication.

Her old H4 is valid until 2022 October(the one before the new H1B selection/approval).
We applied another COS from assuming that she is on H1B(since her H1B also approves with Employer B at the same time) and provided that Employer A I 797notice number and pay stubs as proof of status along with the new H4 application and this new H4 (COS H1 to H4) is in pending from May 2021.

Did your attorney suggest to do H1B to H4 COS? This doesn’t make sense to me. If employer A is still using H4 EAD, technically your spouse’s H1B was never activated ( either with empl. A OR B) which means she is still in H4 status which is valid till 2022.

It should be just ok to switch to employer C and keep working on H4 EAD unless there is some other information or aspect to your case that I am missing.

Get a second opinion from a good immigration lawyer on your case as I feel the COS you applied from H1B to H4 was not needed unless your spouse worked on H1B with employer A.

Thanks, Kalpesh,
Employer A attorney said to file COS (asked us to file new I 539) to avoid confusion as they don’t sponsor H1B for client B location,
What is H1B activation, how do we know whether they activated or not (I thought it will be converted to H1B once COS apply from H4 to H1B)
I took an appointment with attorney on Monday and I will post their opinion hereafter consultation.
Mean the while can you please let me know what is H1B activation and I will also check with employer B (she never joined ) about activation.
We verified on E verify and it states that she is authorized to work in the USA, can we go with E- verify the information.

You mentioned your employer A didn’t apply for COS from H4 to H1B. You also mentioned that your spouse worked on H4 EAD and employer A never switched her H1B thus the H1B was never used/ activated. Employer reports the employee status via I-9 form which is where they will mentioned whether the employee used H1B or H4 EAD etc.
Your statements are confusing and contradictory. :slight_smile:

There is no point as she never worked with employer B so her H1B with employer B was never activated.

Thanks for the clarification on H1B activation.I am not sure what are conflicting statements you were referring to. :smiley:

Here is what I got from expert Immigration attorney,
As per USCIS she is on H1B since that’s the last approved and she can’t work on H4 EAD while she is on H1B, though she filed COS to H4.
She can work for current employer only on H1B status and can switch to other employer through H1B transfer but not on H4 EAD unless she gets H4 visa stamping.