H4 EAD approved after my H1B COS approval

Hi,

I applied H4 EAD renewal on July 2019, but before that I got my H1B COS approved. EAD was pending with uscis all this time. Today my EAD petition got approved and status changed to “New card being produced”.

Now what is my status H1 or H4 ? Is my EAD valid ?

If anyone faced this situation, please share your experience!

TIA

Hi @PriyaM

Your status is governed by your i94 and not the EAD card.

Your H1B change of status approval got you a new i94 showing your status as H1B.

Now, the status depends on what happened to H4 extension? When was the last H4 extension approved?

What does your most recent i94 show as status? H1b or H4?

My H4 approved on last July 2019. H1B is the latest approval.

Is there anyway to make use of this EAD ? Like, if I apply COS to H4, can I use this new EAD card ?

Hi @PriyaM

You can file H4 COS but can’t use EAD card until H4 is finally approved. It is taking 10-12 months to get H4 COS approval these days.

You can go out of US and return using H4 visa if you want to get on to H4 faster.

Hi Anil.

Hope you are staying safe.

I would like change my H1B status to H4 and work under H4 EAD (which i got approved while i am on H1B).

Now my employer is saying " my EAD is invalid, If I get new H4 stamping (planning in India thru dropbox) , after entering US I have to apply a new EAD card as the one which I am having is invalid "

I know that my EAD is valid, you already confirmed the same. But my employer strongly disagreeing and he is not ready to update my I-9. If I try to explain him that my EAD is valid he is asking me to show the proof :frowning:

What are my options now … Kindly guide me.

Hire an attorney to explain your Employer.

Thanks Anil. My Employer did check with couple of Attorney’s ( i am not aware of the details of the attorneys), and they confirmed to my employer that my EAD is valid and I can work using the same :slight_smile:

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