H4-H1-H4 while H4 are H4ead pending extention approval

USA H4
1

  1. My WIfe is currently working full time for company A on H4EAD which is valid till Feb 2020. In the meantime Company B applied for H1b(COS) and it got approved yesterday.
    What happens to the existing job . How can she continue to hold on to this full time job

  2. Can she depart the country and come back on H4 and continue to work on H4 ead, both the H4 and H4ead renewals are in progess

  3. If she does so, will the H1b approval be withdrawn or cancelled

  4. can the company B withdraw or reject the approved H1 b petition

  5. Can she switch to H1 whenever she wants without getting into the lottery system

Thanks in advance

2

Hi @Demaster

What is the H1b approval start date? If it is today or yesterday, then your wife can only work for H1B employer from the date of H1B approval.

Her status has already been changed to H1B and she can’t use H4 EAD anymore if she continues to stay in US. She should leave the H4 EAD job immediately.

Reenter US with H4

She can exit and enter US using H4 and then restart work using H4 EAD but the pending H4 extention might be abandoned once she goes out.

H1B approval

H1B approval stays valid even if Employer withdraws it.

You can file H1B transfer in future without lottery again but it is recommended to activate this H1B at-least once by starting work on H1B.

3

My spouse’s H1b petition was approved on November 1st according to the online case status which changed on November 8th. The attorney has not received any approval notice yet.
I just found today that , her H4 and H4 ead(card mailed) were also approved on November 5th and 6th . Does it mean my spouse can go out of country and come back safely on h4 and continue to her existing job on h4 ead without any problem ?

Thanks Anil for your replies. Always helpful

4

H4 visa stamp would be needed to enter US.
H4 EAD card stays valid even if you go out of US.

5

1st Nov- A fresh H1b petition filed by my company was approved. The notice date on the H1b approval (I-797) is 11/1/2019 and the notice date on H4 approval is 11/4/2019.

5th Nov- H4 (I-539) extension case was also approved and the notice date on H4 approval is 11/4/2019.

What status am I in ?

6

Your status would be defined by the last application that has been approved. Check the i94 attached to the approval.

7

The I-94 attached to the H4 extension approval matches the i-94 number online. Would my status be defined by the last application that was approved even though the approval dates are in future (Feb 2020-2023)

8

The last action taken by USCIS matters and not the approval term or validity.

9

Thanks so much again Anil. One last question , by last action you’re referring to the notice date on I-797 right?

11

Hi @Anil.Gupta,

I’m currently on H1b approved in June 2019… unfortunately I was not on any projects, so do not have any paystubs for the time period. I plan to travel to India and re enter on H4. Is having paystubs mandatory? What documents should I carry pertaining to my H1?

Any help is highly appreciated!

12

Hi @Asp

How are you maintaining your H1B status in US without getting paid?

13

@Anil.Gupta

Since I couldn’t board on to a project, my paystubs were not run.

14

Hi @Asp

Do you know that you cannot stay in US using H1B visa if your payroll is not running?

How will you prove that you were maintaining your status when you go for visa stamping?

You have high chance of getting form 221g. I don’t know who advised you to stay in US and why you believed them.

You have already added ‘out of status’ time to your name.
The stamping is risky as per my opinion.