H4 EAD to H1B approval pending and family needs to relocate to location B

Hi Anil ,

Currently my spouse is working on H4 EAD for a company X at location A. Her Fresh h1 is also being filed for Location A and is currently in progress.

Since i have received an opportunity at Location B, We are planning to relocate to Location B. Her employer agreed for her to work on Current EAD Remotely for Location B.

I have few doubts regarding her status w.r.to H1 and Working ability

  1. Since her H1 is filed for location A , In case if H1 is approved >> Does she need to stop working Immediately and file the amendment to Location B either with same client or different client?

  2. Does she need to apply leaves or stop working during the duration between her H1 approval and till the time of filing her amendment to new location?

  3. When she converts from H4 to H1 , will the underlying H4 EAD be invalidated ?
    If not , Can she exit the country immediately after her H1 is approved and go for H-4 Stamping (Not H1 Stamping) and enter the country with H4 and use the existing H4 EAD which is valid till 2022 ? Or does she need to apply for H4 EAD Again … Just thinking about this option to get the Remote working for Client A as they are Ok with it.

Hi @Koteswara_Devarasett

You cannot work using H4 EAD if H1B COS is approved with immediate effect.
H1B amendment would be required for location B before you can start working at B.

It is a violation of H1B if you work from location B when H1B has been approved for Location A.

You can go out of US to get H4 visa stamp and enter to keep working using H4 EAD. The card stays valid and can be used as long as the status on most recent i94 shows H4.

@Anil.Gupta

Just so i get this right , the existing H-4 ead can be used even if she moves from H4 to H1 and again comes back to H4 ? No need to apply fresh H4 EAD right.

I was under impression when she converts from h4 to h1 , both her h4 and h4 ead is invalidated.

Hi @Anil.Gupta , can you please respond on the above when you get some chance. Thank you !

Hi @Koteswara_Devarasett

I think I already answered it clearly the first time.