H4 COS and H4 EAD - faster way to get EAD

Hi Anil,

Thanks in advance for your help. I need your advice and some potential options to explore.

Background:

I am on L1 B visa, employed at xyz company. My visa and MPS is expiring by 1st week of Nov 2020.

My spouse employer has filed for a green card and currently they are in the process of filing I-140 this week, week of 7th June with premium processing. My H4 COS was filed on 15th May at CSC.

In order to minimize my break from work, could you please recommend anyone of the below options Or any other option which would work the best.

If my understanding is incorrect and if I have made any wrong assumptions, request you to please correct.

PS: I have been trying to make some informed decision based of some useful information available on your website. However due to some technical issues I’m unable to find the H4 COS processing time at CSC.

Option 1:

With an assumption that my spouse’s I-140 is approved by end of June, I apply for H4 EAD with H4 COS in pending status on EAD approval.

With this option, given CSC is taking 10 months for H4 COS processing, and I concurrently apply for EAD, I am expecting to receive my work authorization no sooner than 15th March.

Option 2:

Wait until my MPS expires:

  1. Travel to Canada to get H4 stamped.(please confirm if I can travel to non home location for H stamping given I was never on H visa).
  2. Apply for H4 EAD on return(mid-Nov)

Given the current processing time of 4.5 - 6 months for EAD at Texas(I live in GA, USA) , I am expecting my work authorization approved no sooner than early April.

Based on your experience and my situation, can you please let me know which is the best option to go with. If there are any other alternatives, please let me know.

Thanks once again fo your support.

Best Regards,
M Prasad

I don’t understand what you mean by MPS.

H4 COS is a slow process. You can visit Canada for H4 stamping and then come back to file EAD for saving time.

Thanks Anil for your inputs.

MPS - I meant max out period.