Converting from another work status (such as H-1) to H-4 EAD

Question details

My spouse is currently working on F-1 OPT or H-1 status. How can he/she change to H-4 status and obtain H-4 EAD without a gap in the ability to work?

ANSWER

We have received several requests about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.

The short answer, as of now (November 2016) is that here is no way to guarantee that there will not be any gap in a spouse’s ability to work.  The problems arise from the fact that there can be a gap between change of status to H-4 and receipt of EAD.  The law requires that EAD must be approved and the EAD card must be in hand for the H4 holder to work. 

To illustrate some of the scenarios we have been asked to comment upon:

Question: My spouse is currently working on F1 OPT or H1 status.  How can he/she change to H4 status and obtain H4 EAD without a gap in the ability to work?

Answer: There is no way to ensure there will be no gap between the current employment authorization and the H4 EAD approval.  The H4 and H4 EAD petitions can be filed concurrently, but USCIS has not been adjudicating them at the same time.  First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition.  As the H4 EAD generally takes about 90 days to be adjudicated, it is best to anticipate H4 EAD approval about 90 days after the H4 approval.

It is possible to request a future start date for the H4 status.  The hope would be that by the time the H4 status becomes effective, the H4 EAD is also approved.  But again, there is no way to guarantee the time frame. 

Question: My spouse entered the US on H4 status.  How soon can the H4 EAD be filed and how long will it take before he/she can work?

Answer: The H4 EAD can be filed as soon as the spouse has arrived in the US on H4 status.  Because, the USCIS is taking about 90 days to adjudicate the H4 EAD petition, your spouse is likely to be able to start working in about 3 months after the EAD petition is filed. 

Question: We need to renew my H1 and my spouse’s H4 and H4 EAD.  Would it help the EAD to be issued faster if we file the H1 petition through Premium Processing?

Answer: Possibly.  There is no Premium Processing option for H4 or H4 EAD, but as a courtesy, the USCIS often tries to adjudicate H4 and H4 EAD petitions at the same time as the Premium Processing H1 petition.  There is no guarantee that the USCIS will adjudicate the H1, H4 and H4 EAD at the same time.  It is possible that only the H1 will be adjudicated under Premium Processing, and the H4 and H4 EAD will be adjudicated in the normal queue.

Question:  My H1 does not need to be extended, but my spouse’s H4 and/or H4 EAD do need to be renewed.  How can the petitions be filed so there is no gap in the H4 EAD authorization to work? 

Answer: It is critical to file these petitions early.  The H4 renewal can be filed 6 months before the current H4 expires, and the H4 EAD can be filed 120 days before the current H4 EAD expires.  While it is not a guarantee that there will be no interruption in the work, early filing is the best option to provide the USCIS with enough time to process the petitions.

 Click here for Rajiv's blog entry on H-4 EAD Rule

Nonimmigrant Visas

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by LP (not verified) on Tue, 05/24/2022 - 13:55 Permalink

I am on F1 currently. We will be applying for H4 soon. To apply H4 EAD change of status from F1 do my spouse has to have approved I-140?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Sal (not verified) on Sat, 11/19/2022 - 13:46 Permalink

Can I travel to india and get my H4 stamped while my H4EAD is still pending? And how long does it take for H4 EAD approval after H4approval ?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Likhit (not verified) on Fri, 01/20/2023 - 19:03 Permalink

I am on H1 and perm is in process, H1-B max out date is 100 days and perm is applied at 300 days of maxout. My Spouse is on H1 and approved i-140. Can I move to H4 EAD? and what will happen to my H1 and Perm? Can I move to H1 once my Perm, i-140 is approved,

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Sri (not verified) on Wed, 03/01/2023 - 22:07 Permalink

My H1B is due in 2025 but since my spouse has I140, I wanted to move to Dependant status and hence I applied for H4 COS + H4 EAD. This week I got approvals for both the COS and the EAD applications along with the EAD card. H4 EAD card starts from Feb 17 2023 but my H4 COS is future dated i.e. Mar 30 2023. H1B - May 15 2025 H4 COS - Mar 30 2023 H4 EAD - Feb 17 2023

I am currently employed and was wondering if I can continue to work on H1B since my H1-H4 COS starts on Mar 30 or do I have to stop working till Mar 30 to resume my employment?

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Normally, you can work on H-1B when you have not actually been changed to H-4. The anomaly here is that the EAD begins before the COS. Contact the USCIS for correction of the EAD.

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Sanjay reddy (not verified) on Sun, 03/05/2023 - 13:34 Permalink

Hello Sir , My H1 will max out in Jan 2023. I want to transfer to H4 . My wife have approved I140. Can i apply for H4 and H4 EAD at same time . And do we need to specify in I539 when should i be starting the H4. And are they any complications when travelled for stamping , Can you please help.

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

This will require some discussion. You are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…

If you cannot wait, feel free to set up a consultation with us: https://www.immigration.com/our-fees

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Ankita Nagpal (not verified) on Wed, 03/29/2023 - 00:37 Permalink

I am currently on f-1 (which will end in July 2023). I have applied for h4 EAD few days ago but I got selected in h1b lottery Can i apply for h4 and h1b at the same time? I was hoping to get h4 before July but due to uncertainty in the timelines I don't want to just rely on EAD time and lose my job, so I want to apply for H1b as well. Is that something I can do?

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Vennela (not verified) on Wed, 03/29/2023 - 13:04 Permalink

Hello Sir, I am currently on F1 OPT and my lottery for H1 cap was not selected in the final attempt also. SO I am planning to convert from F1 OPT to H4 and H4 EAD. My husband has approved I-140. My husband is also trying to place an amendment for his H1 to add his home location also as one of his work place. So we are planning to place his amendment and my H4 and H4 EAD application concurrently in premium processing. Can I get my H4 and H4 EAD approved at same time so that I will have no gaps in my employment?

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Tasneem Kagalwala (not verified) on Tue, 04/04/2023 - 16:52 Permalink

My h1 expires in sep 2023. I am applying for change of status from h1 to h4 along with ead. When I look at processing times on the website, its says that if i fill my CoS with I765 it will take approx 6 months. My question is will both CoS and ead will be approved in 6 months or only CoS and additional months for ead?

Disclaimer
The responses are provided without any guarantee of accuracy. A one-on-one consultation with competent counsel is recommended. Not intended to create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Ravi Sekhar Kuppala (not verified) on Wed, 03/06/2024 - 13:00 Permalink

Hi All, Got RFE on my i-140 and my employer is not in a position to respond to it due to some wage issues. i have approximately 3 months remaining of my 6 years cap. I requested them to submit my H1B extension on a regular process as USCIS is taking 6/8 months to review and respond.

My Question : Can i file H4 EAD for myself while i am working on H1B extension?

Disclaimer
The responses are provided without any guarantee of accuracy. A one-on-one consultation with competent counsel is recommended. Not intended to create an attorney-client relationship.

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