H4/EAD approved but expired, currently on H1B

Hi folks

My wife lost her job on H1B last year, so I filed for her H4 & EAD based on my H1B/I-140. The application has been pending since.

I even filed for her H4 & EAD extension, as my H1B needed renewal. 2 months back, she got a job and her H1B transfer got approved. We sent the withdrawal letter for all 4 H4/EAD cases immediately.

Yesterday, USCIS approved her first H4 & EAD cases, with the end date of 4 July 2021 - already expired. The H4 & EAD extension cases are still pending.

What is my wife’s current status? Can she continue to work on H1B? Can somebody please guide us? We are very concerned. Her I-94 shows H1B until 2022, as she last entered the US in 2019 on H1B from her previous job.

What is the start date on the H4 I797? I would assume USCIS approved her H4 COS starting last year. If it is before the start date on her recent H1B transfer ( which should be the case) your wife is on H1B per the last action rule.

Even if you requested withdrawal of all H4/EAD applications, USCIS has to approve her COS from H1B to H4 after she lost her job otherwise she would be out of status and her H1B transfer would get denied.

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Hi Kalpesh

Thanks for the reply! You are right, her H4 I-797 dates are 1 Oct 2018 - 4 July 2021 . And her H1B I-797 dates are May 2021 - June 2024. So her H1B is valid & active, right?

Thanks a lot, Kalpesh, this is a major relief!

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Hi Ajay, could you please clarify what service center processed her H4 / EAD and how long it took for the approval. I am awaiting for my wife’s H4/EAD and still in the waiting process.