H4EAD to H1B change of status in lottery

USA H4EAD
1
  • My spouse H4-EAD - (valid until 10/20) and she is working for the company contractor A and for the client C.
  • Company A has applied H1B this year and we are still waiting to hear for the lottery results.
  • In the meanwhile, Client C has rollout offer to join for Full-Time position.

Questions:

  1. What would happen for H1B visa if it’s selected in the lottery and If my spouse already joined as Full time with Client C?
  2. Please advice if there are any better options to maintain H1B (if it’s selected from the lottery)
2

The H1B application can continue irrespective of your wife joining Employer C or not.

She can file H1B Transfer to Employer C once it is approved and she has activated it by working for contractor A.

3

Thank you Anil for the information. I have joined Employer C recently and also at the same time my H1B lottery got selected for Employer A.

Now previous employer wants to revoke the H1B petition and saying that, as per rule they should need to revoke the petition, once the employee leave the company.

Can you please let me know, what are all other options available for me in this case?

4

You are mixing two things and I am getting confused.

You are talking about your wife’s H4 EAD and H1B situation or your own H1B scenario here? Please clearly define both of your situation separately.

5

I am only talking for my wife’s H1B situation here. She was working for Contractor (via H4EAD) and they have filed H1B this year, which is recently selected through lottery. And now the client want to hire her as full time role. And she accepted the full time role with the H4EAD status.

Question,

  1. The Contractor company wants to revoke H1B petition, since she is not working here. Do you have any recommendation, how can we handle the situation in this case?
6

You have to talk to contractor company to keep the H1B active and give them the assurance that you will join them on approval.

That’s the only way I can think of.

7

Need Advice-I have filed for H4 Visa and H4 EAD extension for my wife at the start of April this year. Around same time, her company filed for H1B and her H1B got picked and approved. And Both H4 and H1 are filed as COS i guess, not sure how extensions work.

H4 and H4 EAD case statuses are pending on decision. As her H1B has been approved, we are planning to withdraw our H4 application because we are afraid that, if H4 is approved after October 1st her status may move from H1 to H4. Could you please suggest us on how to go about with this, is withdrawing H4 application a good move ? or do you want us to change H1B to consular processing?

8

Hi @Kishore_Srikonda

Do not withdraw H4 extention until Oct 1 or the date when H1B gets activated.

If H1B has been approved as change of status, then her status will automatically change on Oct 1.

If you want to control the date, it is better to exit US, get H1B visa stamp and then enter as H1B.

Or you can hope that H4 gets approved before Oct 1.

9

Thanks Anil for your response. So based on what you said, no need for us to file for withdrawal as
status would automatically change to H1B and H4 application filed would be just ignored by USCIS

10

Hi @Kishore_Srikonda

H4 application will NOT be ignored by USCIS. If the H4 is pending on Oct 1, then you should withdraw it explicitly.

Don’t withdraw until your status has actually changed to H1B.

11

Okay, what do you mean by “status actually changed to H1B” - H1b starts on october 1st. So based on your comments, I need to withdraw my H4 application if it is still pending after october 1st. Or do you mean H1B visa stamping?

12

Hi @Kishore_Srikonda

You need to understand the meaning of ‘status’ in US. If H1B is approved as ‘change of status’, the new i94 is activated on the date the change of status is approved.

In case of H1B lottery, the earliest date is Oct 1. On that date, your status will automatically change to H1B.
At that time, you can file the H4 withdrawal application safely.

13

Thanks a lot Anil.

Yes, H1B is approved as Change of Status.Appreciate your suggestions, It was reassuring and understood my next step.

Would wait until October 1st and withdraw my H4 application.