H4 to H1 to H4 Change of Status (in USA)

USA H4
21

Hello Anil,

I have a similar but a little different case and getting all confused about the current status.
My wife was on H4 and had her EAD valid until Nov 2019.

  1. I filed for my H1B extension (regular processing) in Jul 2019 and got approved Apr 2020. Received H4 approval as well at the same time.
  2. In the Interim, my wife’s employer filed for her H1B in Sep 2019 (premium processing) and was approved as a change of status.

Ideally since my H1B got approved almost 6 months later than my wife’s H1B, her H4 should not have been approved.
Is there a way for me to find out if her current status is H1B or H4?

22

Hi @vjraj21

Her current status is written on the most recent i94.

Check the H4 approval. If USCIS has sent a new i94 with H4 approval, then her status has changed to H4 now.

23

Thank you so much @Anil.Gupta. Here is another question on top.
How do I identify if I-94 is new? The reason I ask is due to below:

  1. When my wife’s H1B was approved, she got the same I-94 number as her previous H4 approval but with a new date in mid 2022.
  2. I am yet to receive her H4 approval from my employer, but my guess is that she will have same I-94 number with a date of end of 2021 (same as my new H1B extension approval).
24

It is okay even if the i94 number stays same.

The last action rule prevails which says that most recently issued i94 is considered valid.

25

Thank you @Anil.Gupta. This kind of helps. Is there any other way I could get it confirmed form USCIS itself as to which one is considered active?

26

Whatever USCIS has sent you is their confirmation of what is currently active.

27

Hello Anil,

I did get a chance to check with Attorney and they said that my wife is currently on H1B as that was the last action on her status.

28

Hi Anil, I was working in US on H1B and my extension got denied Mar 2020 due to lack of End Client Letter. I came back to India in 2 weeks after the denial letter. My wife is in the US on F1 OPT and got her H1B approved 2 months ago. My H1B with another employer got approved 2 weeks ago. Since i have approved I-140 it didnt have to go thru lottery. I have my H4 Visa Appointment next week in US Consulate Mumbai with my wife’s H1B on Emergency basis since she gave birth to our baby daughter. Now when I enter the country on H4, can I change my status from H4 to H1B? If Yes, Can I start working from the day of the receipt?

29

You can apply change of status from H4 to H1B but i suggest to apply it after 90 days.

You can only start working once your change of status to H1B has been approved.

30

hi Anil,

I have a question regarding change of status. I am currently in H4 status, my H1B application has picked up in lottery. I have filed change of status of H1. But it’s not approved yet. Meanwhile my h4 visa and ead has approved. What should I do to continue in H4 status. I have a job offer through EAD. Should I file COS to H4 status again? In order to start the job in h4 EAD do I need to wait for change of status approval to H4?

Regards
Asha

31

You have to request USCIS to convert your H1B application to ‘consular’ from ‘change of status’.

32

hi Anil,

Thanks a lot for your response.

My H1B got approved in between on last week Wednesday. So I didn’t get a chance to change that to Consular processing. My job offer is still valid with my old company. But I can only work through EAD. Another thing is my i485 dates are current right now(EB2 2011 April) and it’s filed through my old company. How can I join back in that company? What are the options in front me?? Is it possible to join back in my old company using H4 EAD( same time I will file change of status to H4 visa as well)

Going to India and doing the stamping done from India is also not practical as the consulates are closed or it’s difficult to get appointments sooner.

Regards
Asha

33

Hello Anil,
My wife was working onH4 EAD since 2019 and her employer applied for h1 this year and got approved so her status from Oct 1 is h1. Now if she travels to India, can she enter USA on the old H4 visa which is valid til feb 2022? Can I use her old H4 visa which is valid till 2022 to enter the US and change her status to H4?? Or does she have to get either H1 visa or new H4 visa to enter US?

34

She can use old valid H4 visa to enter the US.

35

Hi Amit,
Asking on behalf of my friend , her H4 visa extension filled during nov2019 is still pending with USCIS , her H1B filled in April 2019 is approved in July 2020(after 15 months)

She did not join the employer on h1b due to health issues , still awaiting for H4 , as per employer words she is still on H4.

She received an email stating “correspondence received and they are reviewing it “

Please suggest me , on the following points , 1) actually H4 to h1 auto conversion happened in her case ? 2) How to know the current status of visa .
3. if she is on h1 , how to get converted to H4 again , due to health she cannot travel immediately .

36

It depends on how H1B was approved. Was it approved as change of status with a new i94 or with consular processing?

37

Hi Anil,

Thanks for your response, I94 number is same as H4, he filled H1B in April 2019, after that filled for H4 extension in nov 2019 and H4 is still pending with USCIS , as per LSR “Last action rule” taken on our case from our side is H4 extension , as per employee they says that my friend on H4 based on the LSR.
Please shed some light on this.

38

Hi Anil,

I came across this thread while am browsing information on h4 to h1 to h4 ead in google. I went through this thread from starting which is very informative. I am looking for some help on below

Currently a candidate(core health care not into software who is eligible to work with valid work visa) is on h4 with valid visa till sept 2023 and spouse is with in 6 year h1b limit(till 2025 sept) has valid i140 with visa till sept 2023 and i797 approval till sept 2024 both residing in USA . Candidate got selected in h1b lottery in June 2022 and submitted documents to uscis and waiting for h1b approval. As of today, candidate is still awaiting for uscis approval on h1b.

Query 1 - Is it better to file h4 ead & h1b premium processing on sept 15th 2022 or file h4 ead after h1b approval? what are the pros and cons in either ways? What is the best way to process both h1b and h4 ead?

Query 2 - Assume candidate submits both h1b premium processing and h-4 ead expedite processing on 15th sept 2022 separately. Can candidate expect any chances of rfe on either h1b or h-4 ead. If yes, what is the best process to avoid rfe from uscis?

Query 3 - Assume candidate received h1b approval on 1st Oct 2022 and after receiving 3 paychecks(frequency bi weekly) ie by mid of Nov 2022, if candidate submits h-4 ead expedite request - Can candidate expect any chances of rfe as candidate applied h-4 ead expedite process while having valid h1b received on 1st Oct 2022?

Query 4 - Assume candidate submitted both h1b premium processing and h4 ead expedite processing on 15th sept 2022. Assume Candidate received h1b approval on 1st Oct 2022 and h4 ead approval on 15th Oct 2022 or any date after 1st Oct 2022. Generally, Will h4 ead validity for the candidate will be given till candidate h4 visa date ie sept 2023 or candidate’s spouse i797 validity date which is sept 2024?

Query 5 - Assume candidate submitted both h1b premium processing and h4 ead expedite processing on 15th sept 2022. Assume Candidate received h1b approval on 1st Oct 2022 and h4 ead approval on 15th Oct 2022 or any date after 1st Oct 2022. In this case candidate is by latest has h4 ead status - does the candidate has to explicitly apply for any i94 changes to get the i94 updated to h4 ead status or by default when uscis gives h4 ead approval it’s automatically updated to h4 ead status on i94 as, candidate received h1b approval just a week or 2 weeks prior or some time in past to h4 ead approval? If i94 needs to be updated with h4 ead status what are the different ways to get it done while we are in USA and outside of USA?

Query 6 - Assume candidate willing to submit h4 ead expedite request. Does the candidate need to submit h4 ead request and expedite request together or sequentially one after another after a specific duration? In other words, Can the candidate submit both h4 ead request and expedite request together? or is there any time gap required between h4 ead request and expedite request?