Should H4 EAD application be withdrawn if H1 COS is approved?

Hi Anil
I have two questions

  1. should the H4+EAD application be withdrawn in case H1 COS is approved?
  2. If H1 COS is approved should a new I-9 be submitted?

Pending H4 EAD after H1 COS is approved

You can leave the H4 EAD application active and it may be approved.
Once EAD is approved, you can use it in future if you plan to move back to H4 from H1B in future.

New I-9 is required with H1 COS

Yes, a new I-9 should be filed once your H1 COS is approved.

H4 and H4 EAD are two different things.

H4 EAD approval will not affect your H1B COS. You are changing your status from H4 to H1B and not H4 EAD to H1B.

H4 EAD is just a work permit that can be used only when you are on H4 status in US.

You have only filed H4 EAD or both H4 extention and H4 EAD?

You did not say anything about H4 extention.

Then, you should withdraw your H4 extension application after your H1B COS is approved.

Whenever USCIS approves an application, they issue a new i94. This i94 has your status.

Ideally, if your H1b COS is approved, the USCIS should deny your H4 extension as your status has already changed.

BUT, we have seen that USCIS systems are not that good and they do approve H4 even though you are on H1B.
If they do and issue a new i94 with H4 status, your status will immediately change back to H4.

It is your responsibility to make sure you adhere to the valid status printed on i94.

Does that make sense?

Hi @Aryan_Raj

There is no fixed timeline for USCIS to process your withdrawal request.
The status should reflect online on USCIS case status website once withdrawn. You will also receive an official letter from USCIS.

USCIS will process withdrawal also one day!

Yes, once they approve H4 COS, you will be on H4.

That’s the problem with filing multiple COS applications. You cannot avoid it and can never know when will the application be really approved.

The second problem is that the status starts on the day of approval. So, if you are on H1B and then if one fine day USCIS approves H4 COS, you will have to stop working immediately on next day.

No, withdrawal does not put you back into H1B status automatically.

You have to file the application again to move from H4 to H1B status.

H4 extension approval will change your status to H4. Ideally, USCIS should deny the extension approval as you left US. But, you never know.

You can go out of country anytime and can choose any status to enter US as long as you have a valid stamped visa in your passport. H1B i797A is only useful if you have a valid H1B visa stamp in passport while trying to enter USA.