H4 Visa - Got H1B [working corp 2 corp] - H4 EAD Rule

[Mohit Mac]

Hi,

I came to US on H4 visa in March 2013, H4 valid till May 2016. I applied for H1B visa via consultant and got picked in April 2014 and have been working on H1B visa starting Oct '14 however my employer have not filled COS and Neither I have got my H1B stamped.

My wife got her I-140 approved. So my question is per the new H4 EAD rule can I apply for the EAD if my H4 is valid and COS from H4 to H1B didn't take place? Or I have to apply for COS from H1B to H4?

Please advise.

[immihelp]

What do you mean 'My wife got her I-140 process'.

Is her I-140 approved?

[Mohit Mac]

Yes Her I-140 is approved

[raghvi]

How can you be working without an EAD or a COS to H1?

[Mohit Mac]

raghvi - Thanks for responding.

Actually I am also not sure myself. I got my H1B visa filed while in US and I never left US to get H1B stamped and neither I am aware if my consultancy filled a COS from H4 to H1B.

Thats why I reached to this forum to know whats are the option I have.

If my consultancy did filed for COS from H4 to H1B and on my passport I don't have H1B stamped, would I still be H4 or H1b and can apply for EAD under the New H4 EAD rule Or Do I need to filed COS from H1B to H4 and then file for the EAD per the new rule.

Please advise.

[raghvi]

raghvi - Thanks for responding.

Actually I am also not sure myself. I got my H1B visa filed while in US and I never left US to get H1B stamped and neither I am aware if my consultancy filled a COS from H4 to H1B.

Thats why I reached to this forum to know whats are the option I have.

If my consultancy did filed for COS from H4 to H1B and on my passport I don't have H1B stamped, would I still be H4 or H1b and can apply for EAD under the New H4 EAD rule Or Do I need to filed COS from H1B to H4 and then file for the EAD per the new rule.

Please advise.

One need not have a H1B stamped in passport to move to H1 Status. Check your latest I797, and if it has a I-94 at the lower half. I believe your employer filed a H4 to H1 COS, as without that you cannot and should not be working for them.

If COS was not done, then you were working illegally for them.
If COS was done, you need to first apply from H1 to H4 and can simultaneously file H4 EAD based on your spouse's approved I140.

This is my opinion not legal advice.