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query.h1@gmail.com
02-26-2016, 08:27 PM
Hi All,

I have a question regarding filing H4 EAD while Spouse’s H1B amendment is in progress.
CURRENT SITUATION: I have an approved I140 with me. My wife is working in H1B for more than 1.5 years and her company had filed for a H1B amendment regular petition on Jan 10th 2016. Since it’s a regular petition H1B amendment result may come in end of June or July.

We are planning to apply H4 EAD for my wife using my approved I140.

Ques 1: If we file H4 EAD application around March 15th 2016, we can expect to receive the H4 EAD around Jun 15th 2016. If her H1B amendment results (approval/denial) come before the H4 EAD, she can maintain the H1 status till she gets the EAD. Will there be an issue in this case?

Ques 2: If her H1B amendment is approved/denied after we get the H4/EAD, what will be her status? Can she maintain H4 and continue to work in EAD? Or she will be out of status as the last decision is take on her H1 amendment?

Ques 3: Around 1.5 months (April end) after applying for H4 EAD, can we request her company to cancel the H1B amendment so that she can wait till she gets EAD? In this case can she maintain her H1 status till we get the EAD.

Is there a better approach to this situation, so that she can maintain her H1 status till we get the EAD?

Thank you for your help.