H1B - I140 approved - H4 (EAD) - Back to H1B

[kavita1983]

Hi,

I worked from oct 2011 till jun 2016 on H1B visa. During this time I got my I140 approved. In June 2016, I changed my status to H4 and working on EAD currently. Now my spouse's H1 extn has some issues so I am planning to go back to H1B. Can I work while the new H1B is in progress? My EAD is expiring in 20 days so cannot work on EAD after that but can I continue my job using H1B?

Thanks

[raghvi]

Hi,

I worked from oct 2011 till jun 2016 on H1B visa. During this time I got my I140 approved. In June 2016, I changed my status to H4 and working on EAD currently. Now my spouse's H1 extn has some issues so I am planning to go back to H1B. Can I work while the new H1B is in progress? My EAD is expiring in 20 days so cannot work on EAD after that but can I continue my job using H1B?

Thanks

No. You can work only upon approval of H1 not while it is pending .

This is my opinion not legal advice.