H4 EAD Validity if I go back to H4 status

USA H4EAD
1

Did H4 to H1 COS… then made H1 transfer which got denied and now out of status as previous employer withdrawn H1B. I94 of previous exployer is until Sep-2021

Planning to go back to India and get H4 stamp.

  1. would I be able to use previous H4 approval document for my stamping ? which has mar-2021 expiry date.
  2. Would i be able to use previous EAD card which has expiry date mar-2021. Spouse is on same H1B without any changes.
2

You need your spouse’s H1B i797 approval for H4 stamping and not H4 i797.

You can use the H4 EAD card as long as it is valid.

3

Thanks for the reply Anil.
Thats relly good if i can use the same H4 EAD card. But the responses for similar case int he follwoing link says that I may have to apply for EAD card again.
https://www.avvo.com/legal-answers/h4-ead-validity-after-switching-from-h4-to-h1-and--3002438.html

4

Hi Anil, I found similar post in which you said H4 EAD should be applied again. Can you please tell me which one is correct. or is my case little diffferent?

https://www.truvisa.com/t/does-h4-ead-remain-valid-if-i-convert-from-h4-to-h1b-and-then-back-to-h4-again/586?u=anil_gupt

5

Hi @Santosh

Thanks for sharing the link. I think i need to change that answer.

The current policy is that H4 EAD card stays valid and can be used if you are back to H4 status from H1B.

6

@Anil.Gupta My employer says I will not be able to use the H4 EAd. Can you please share a link where this policy is mentioned . It would be of immense help. Thanks

7

Hi @Santosh

There is no explicit information shared for this as per my knowledge.

You should be on H4 status to start using the H4 EAD card.

8

Hi Anil,
Sorry for the back and forth on this as there seems to be lack of clarity in this issue.
I have checked with most attorneys on the validity of the H4 EAD card and almost all of them say that the EAD card remains valid . One of them also mentioned, that though the card might be valid, USCIS can in future say(when I apply for another H1 / h4 ead extn) that working on an old EAD card after COS is unauthorized. Will I be able to contest it?
Will using this old h4EAD card have any impacts on future immigration? Are you aware of cases where this worked and did not cause any future problems in immigration.

10

Hi @Santosh

I have not heard of any case where it has caused any issue.

Please use your best judgement.

11

Hi @Santosh,

I am in a sort of similar situation but more of possibly converting from H1 to H4. I do have a valid H4-EAD.

  1. Were you able to indeed use your previous EAD and just get a H4 stamping? (meaning, did not have to reapply for EAD)? Just wanted to hear from a person who did this!

  2. What did you show your legal team for this? Any guidance you managed to find? They are mentioning that I may need to apply for a H4 and H4-EAD again and would be super happy if this isn’t the case! (Just the H4 alone rather).

Thank you so very much! Any guidance is greatly appreciated.
Anil, thank you for this forum again!

1 Like
12

HI,

I am currently on H4 EAD(valid till 2021 Nov), planning to do a COS to go to my Cap Exempt H1B. Question is once my COS to H1B is approved and I start working in H1B, later when I go out of country and use the old stamped H4 to enter in the US, can I use my old H4 EAD as well?

I have to do this because there is a limit of six years on using the H1B since last used else you will have to go through the lottery again.

TIA.

13

Hi @gcseeker111
H4 EAD card stays valid but can only be used if you are on H4 status.

14

Thanks Anil.
So, if I go back to from my H1B to my stamped H4 (while entering the US at port of entry) I can start working using the old EAD.?