Hi , My spouse is currently working with H4 EAD for company A and it’s valid till May 2025 . Her old employer applied for H1B cos based on her i140 and it got approved in May 2024 . But she hasn’t got any offer letter yet from old employer.
We are unsure what is her current immigration status ? Is H4 EAD is valid untill she got offer letter from her old employer?
If the H1B change of status was approved with new i94 and that’s the most recent i94, then the status is H1B and not H4 EAD.
Thank you so much for your quick reply. Since we are not aware the current status . She is still working with current employer on H4 EAD till date .Though we have approved H1b for COS we didn’t have offer letter to start work on H1B
Could you please recommend us some options to continue the stay in US and keep the H1B active ? It’s been more than 5 months since the COS was approved but since both current and H1B sponsor didn’t rise any flag we are also not aware so we continued working on EAD . If the H1b sponsor releases offer letter can we start working ? Or can I find a new H1b sponsor and transfer to them ??
There is no need to issue any H1B offer letter as such.
If its the same employer and same job position with same role, your employer could have already updated the form I-9 to reflect the H1B work authorization.
If they did, i don’t think anything else is needed.