L1 to H1 and L2 to H4 - will H4 and H4 EAD be approved with H1B?

USA
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1

Hi,

I am working in L1 and have approved H1 CAP & I-140. My spouse is in L2.
I am planning to file H1 COS, H4 and H4-EAD together.

Based on the current trend does all of them get approved together?
My question is specifically for H4 & H4-EAD because my spouse is working in L2 EAD now. Can there be a situation where H1 and H4 transitions have happened and H4-EAD is still in process?

2

Hi @titan

H4 and H4 EAD will be processed in regular queue even if you file them together with H1B.

At this time, H4 and H4 EAD will be approved in about 4-6 months.

H1B can be filed in premium and can get approval within 15 days.

There is no guarantee that H4 and H4 EAD will be approved at same time. I suggest to plan for 1 day to 30 day break.

3

Thanks Anil. One followup question -

Do you know any cases where all 3 (H1, H4, H4-EAD) were filled in regular ? Since all are in regular queue does it mean there are more chances of getting them approved together? Or the clock for H4 and H4-EAD start only after H1 approval even if H1 is in regular?

4

Usually, the H4 and H4 EAD get processed after H1B is approved.

There is no guarantee that all 3 would be approved at same time. Sometimes, they do and other times not.

It depends on the visa officer.

5

Hi Anil,

I have L1 till March 2021. My spouse works with L2-EAD. Given the current scenario what is the best method to move to H1/H4/H4-EAD without any break for L2-EAD? If we file with enough time in hand, will all 3 get adjudicated together in regular processing?

6

Hi @titan

You have asked the same question again on a separate page.
We consider it a spam.

Please don’t do it.

7

Hi @titan - Did you file for Change of Status? Can you pls update. We are on the same boat as yours.
We are thinking of filing h1b, h4 and h4 EAD concurrently and ask for change effective start date to be Feb 2021( that’s when my L1 expires) so we have enough time for h4 and H4 ead approval and my spouse can continue working till H4 approval.
@Anil.Gupta - pls give your inputs too.

Thanks

8

@anitha_lekshmanan I have not yet - because biometrics centers were closed. Now that they have opened planning to file with future start date.