H4-ead -> h1b -> h4-ead

Hi,

I am currently on H4 EAD valid till 28-Oct-2021. My H1B as well is approved for next 3 years starting from 1-Oct-2021.

  1. When is the latest I can raise request to switch back to H4-EAD?
  2. Should I wait till 1-Oct to file COS request or I can do it right away?
  3. If yes, to be on safer side, how long after 1-Oct to file H4 conversion?
  4. Are there any demerits for switching to H4EAD?
  5. Knowing the processing time for switching to H4 and EAD will take close to 1 year, can I switch employers or take a break while waiting for H4 after receiving the receipt notice.

Please guide.

Thanks.

Did your employer filed H1B with change of status? If yes, you will need to apply for change of status from H1B to H4 any time after 1st October.

You will lose your H4 status and work no more on H4 EAD if your spouse loses H1B j9b and unable to find another in 60 days grace period (at discretion of USCIS). Both on H1B meaning if one of you lose your job and H1B status, you have H1B spouse to fall back on and apply for H4/EAD for the person who lost H1B.

For green card, both of you can apply in different EB categories and whichever becomes current first can file in that EB category for faster GC.

Also you don’t have wait for H4 EAD and stop working if H4 EAD is not approved in time.

While your change of status application is pending, you will still be in H1B status if you started working from 1st Oct with your sponsoring employer and continue working till your H4 is approved. You need to stop working as soon as the H4 COS is approved.

You should also be able to switch employer meanwhile however if your H1B change of employer petition is pending and your H4 gets approved, your change of employer application will be denied so dont start working for the new employer unless the transfer is approved.

What do you mean by taking break? Like quitting the H1B job and taking a break? If you do this then you will no more be in H1B status if that break will be more than 60 days and you dont switch to another H1B employer within that time.
If the above happens, you will be in H4 COS pending status and cant go back to another employer using your H1B and work while your H4 COS is still pending.

Try to keep things simple as far as possible because US immigration laws are one of the most complex in the whole world and you can get into trouble if your actions somehow violate the law.

Thank you very much for the response.