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H4 EAD or H1B?Please help

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  • H4 EAD or H1B?Please help

    Hi All,

    Please be patient with me while reading this post.

    I applied for H1B Visa in 2017. I did not get any update for a long time.It was in RFE status.However meanwile my spouse`s I140 got approved and I applied for H4 EAD and I got one.I got H4 EAD in December 2017.So I started looking for job.As I have flexibility in H4 EAD,I started looking for any kind of job starting from customer care reps to IT job.I have not got one yet.still trying .

    Now yesterday I got my H1B approved.I did not inform my H1B employer about my H4EAD approval as this was not necessary and they were not in touch.
    They will start marketing my resume soon.

    Now my question is can I start working on any non IT job if I get through by my H4 EAD till I dont get a IT job through my H1B visa?Will it be legal?Or should I just go with my H1B employer and wait till I get a IT job through my H1B Visa.

    Would really appreciate your comments

    Thanks
    Last edited by kitz84; 01-30-2018, 02:50 PM.

  • #2
    H4 EAD is set to be revoked as far as I know, so wouldn't it better for you to work on your H1?

    Comment


    • #3
      Originally posted by kitz84 View Post
      Hi All,

      Please be patient with me while reading this post.

      I applied for H1B Visa in 2017. I did not get any update for a long time.It was in RFE status.However meanwile my spouse`s I140 got approved and I applied for H4 EAD and I got one.I got H4 EAD in December 2017.So I started looking for job.As I have flexibility in H4 EAD,I started looking for any kind of job starting from customer care reps to IT job.I have not got one yet.still trying .

      Now yesterday I got my H1B approved.I did not inform my H1B employer about my H4EAD approval as this was not necessary and they were not in touch.
      They will start marketing my resume soon.

      Now my question is can I start working on any non IT job if I get through by my H4 EAD till I dont get a IT job through my H1B visa?Will it be legal?Or should I just go with my H1B employer and wait till I get a IT job through my H1B Visa.

      Would really appreciate your comments

      Thanks
      I am guessing your H1 was filed as COS, in which case it should have come with a new I-94. If that is indeed the case, you are now in H1 status and hence your H4 is no longer valid.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Originally posted by scientist2016 View Post
        I am guessing your H1 was filed as COS, in which case it should have come with a new I-94. If that is indeed the case, you are now in H1 status and hence your H4 is no longer valid.
        -Thanks

        Comment


        • #5
          Originally posted by scientist2016 View Post
          I am guessing your H1 was filed as COS, in which case it should have come with a new I-94. If that is indeed the case, you are now in H1 status and hence your H4 is no longer valid.
          Thanks I guess so.But I dont know yet if they applied it with COS.

          I have made my mind to go with my employer and work on H1B.

          But do I need to inform my Employer that I do have a H4 EAD?is it important for him to know that?or will he know that anyway whether I tell him or not.

          My intention was not to hide,but I dont want him to think negatively about it.

          I applied my H4 EAD as my H1B did not get approved until end of January.

          Please let me know what you think.

          Thanks

          Comment


          • #6
            Originally posted by kitz84 View Post
            Thanks I guess so.But I dont know yet if they applied it with COS.

            I have made my mind to go with my employer and work on H1B.

            But do I need to inform my Employer that I do have a H4 EAD?is it important for him to know that?or will he know that anyway whether I tell him or not.

            My intention was not to hide,but I dont want him to think negatively about it.

            I applied my H4 EAD as my H1B did not get approved until end of January.

            Please let me know what you think.

            Thanks
            The employer need not know whether you have a H4 EAD or not. As I mentioned, if your new H1 came with a I94 that means your status has changed to H1. So your past H4 is irrelevant.
            Just an opinion; Not legal advice.

            Comment


            • #7
              Originally posted by scientist2016 View Post
              The employer need not know whether you have a H4 EAD or not. As I mentioned, if your new H1 came with a I94 that means your status has changed to H1. So your past H4 is irrelevant.
              Thanks.I don`t know yet .I just got to know from my employer/consultancy that USCIS website is updated stating my H1B got approved.They are still awaiting the petition copy.Can I ask my employer whether they applied my H1B with COS status or not?When they applied for my H1B,I was on H4 Visa without EAD.Thank you

              Comment


              • #8
                Originally posted by kitz84 View Post
                Thanks.I don`t know yet .I just got to know from my employer/consultancy that USCIS website is updated stating my H1B got approved.They are still awaiting the petition copy.Can I ask my employer whether they applied my H1B with COS status or not?When they applied for my H1B,I was on H4 Visa without EAD.Thank you
                Sure you can.
                Just an opinion; Not legal advice.

                Comment

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