H4 EAD after H1B1 approval?

USA H4EAD
1

Hi Anil,

A very complex case here but any insights are super useful! I am a Singaporean by naturalization (Place of birth: India). I am, thus, eligible for the H1B-1 (That is a subset of H1B available for Singapore nationals.

I had been on a H4 and H4-EAD the last 3 years and they are about to expire in a few days on the 20th of Sept. I had applied for a H4 extension and a H4-EAD renewal earlier in May (Vermont) and due to the very long processing times it was taking, my company did a LCA and recommended me to go to Singapore and get my H1B1 done.

I left for Singapore 2 weeks ago and got my H1B1 visa done and got back 2 days ago. Today, I received a USCIS email notification that my H4 EAD Card is on the way! My H4 status still shows as received.

I checked my i-94 status and there seems to be no record of my recent trip to Singapore (or at least it is not updated yet).

Questions:

  1. Can I change back to a H4-EAD (As the H1B1 needs to be renewed yearly)?
  2. Is the H4-EAD and H4 that I might get already void as I have gotten a H1B type of visa in between?
  3. Can I apply for COS or leave the country quickly to get a H4 stamping? Would the H4-EAD be valid in this case? Is the H4-EAD linked to a specific H4?
  4. What is my best option and how do I go about doing this?

Any advice is greatly appreciated!

2

Hi @Aarudhra

I assume that you are currently in US with H1B1 visa.

In this case, you need to either file an H4 COS application with USCIS or go out of US and re-enter using your H4 visa.

The H4 EAD card remains valid as per the expiry mentioned on the card. You can use it as long as your status on i94 shows as H4.

Going out of US and re-entering with valid H4 visa stamp is the fastest way to do it. H4 COS application can take 6-9 months to get result.

3

Hello again @Anil.Gupta,

Thank you so very much for your prompt response. Greatly appreciate your time and efforts helping this community! Also, you have no idea how much this helped lessen my stress!

Just a few last questions:

  1. In this case, I assume there is no urgency for me to convert my H1B1 to the H4? Meaning, I do have a trip planned home end of this year - I can get my H4 stamping then and come back and work on my then previously(now currently) approved EAD?

  2. Can I also move to another employer and get my H4 stamping done by then and work on the EAD?

  3. If you are able to refer me to where I can get further guidance on this rule or the fact that the H4-EAD isn’t linked to a specific H4 but rather my status at that time/or to a H1 rather etc. - That would be extremely helpful as I can ask my legal team in my company to look at it. Not sure they understand this possibility. I have been hearing that my H4 -EAD may be void as I have now gotten to a H1B type visa and would need to reapply for both H4 and H4-EAD. This would be super helpful!!!

Thank you so much once again, Anil!

4

Hi @Aarudhra

There is no clear documented guidance about H4 EAD and this scenario that i know of.

Some attorneys play safe and ask to file H4 EAD again.

But, there is nothing given on the face of the card to say that it voids with change of status from H4 to something else.

Other attorneys are comfortable letting you use the H4 EAD as long as you can prove your H4 status.

So, it all boils down to how comfortable your attorney and employer is.

5

Hi @Anil.Gupta,

Thank you so much! Makes sense.

Just one last quick question - do you know if the H-1B1 allows for promotions (within the same company for similar positions)? I am thinking this is similar to H1B but wanted to ask your thoughts!

Thanks!

6

Hi @Aarudhra

I am not sure if there is anything unique to H1B1 but H1B does allow promotions if the new job role is in same or similar position.

If the new job role is different than current one, an amendment can be filed too.