H4 EAD and H1B

[Gayathri H]

Hi,
I would really appreciate it if anybody could answer a few of my doubts regarding the new H4 EAD rule.

I am eligible to get the H4 EAD and I am planning to apply for that. However, just for a backup, I am planning to apply for H1B as well.

Assuming that my H4 EAD will be approved and I start working from September. However By October, if my H1 is also approved, what will be my visa status from October1st? Will I have both H1B and EAD? If I continue woking on H4 EAD, will my H1B be cancelled?
I have heard that the H1 remains passive unless it is used for an employment. So will I still have my H1?

2.If I am eligible for H4 EAD, should I be applying for H1 as well? Is there any chance that this new rule be rolled back or cancelled or withheld for some reason ?

[f22raptor]

H4- EAD is a permanent rule. This will not be revoked as per USCIS themselves. If employment is your goal, stick with H4, why bother with the hassle of H1?

[kadkhiq81]

H4 EAD and H1B

If I am you, I would also apply for H1. Remember, If anything happens to your spouse H1, Your H4 EAD status will go off as well.

On the other hand, If you have your own H1, you are independent and it is a back up for both of you as you can be others H4 if anything goes wrong. Apply H1 with consular processing would help to not to change your status automatically if its approved and you can apply H1 COS when you decide to move to H1 from H4 EAD.

I do understand H4 EAD and H1 have their own merits and demerits and its upto the individual to decide what to go on.

This is my opinion and Hope this helps.

[jdinesh86]

Applying fresh H1B and H4 EAD parallelly

I am currently in H4.

Are there any risks if I apply for
1. H4 EAD
2. fresh H1B with Consular Processing

Will there be any impact on H4EAD if H1B is approved earlier or later the approval of H4 EAD?

Will it raise RFE in either of the applications?

Appreciate your quick help.