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H1B CoS wile H4+EAD pending but later H4 approved

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  • H1B CoS wile H4+EAD pending but later H4 approved

    Hi,

    I was working on H4 EAD (valid up to 10/1/2020). My husband's employer applied H4 EAD extension on May 2020 and along with his H1B extension. My husband's H1B got approved on 06/15/2020, however my H4 and EAD was pending. Meanwhile, my employer applied COS to H1B ( since I had a H1B visa) and got approved on 8/20/2020 and valid up to 12/18/2021.
    My H4 and EAD got approved on 06/10/2021. My H4 approval notice is valid from 10/02/2020 to 10/1/2023. However, the new EAD is only valid from 06/10/2021 to 10/1/2023. But both approvals say the Notice date as 06/10/2021.

    My question is since H4 validity was mentioned as Oct/02/2020, (with out EAD validity), what will happen to my working status Oct/ 01/2020 to June/9/2021?
    Will it be invalid ? As per last decision rule I am on H4 from 02/Oct/2020 and EAD status valid from June /10/2021? Or am I good, since I did CoS and got approval as H1B worker during that time?

    Also will it cause any issues in my green card application?

    Thanks in advance.

  • #2
    Hi,
    Please see my answers below.
    My question is since H4 validity was mentioned as Oct/02/2020, (with out EAD validity), what will happen to my working status Oct/ 01/2020 to June/9/2021?
    Answer: You can not work while EAD is pending.. Once you get EAD Approval only, you are eligible to work. Once your EAD validity got over, you must not have worked during that time until you get EAD Approval.
    Will it be invalid ? As per last decision rule I am on H4 from 02/Oct/2020 and EAD status valid from June /10/2021? Or am I good, since I did CoS and got approval as H1B worker during that time?
    Answer: If you got H1B Approval with change of status, then you are good to resume your work as per H1B validity.
    Also will it cause any issues in my green card application?
    Answer: I don't think you will have a problem as long as you maintain your status during your presence in the USA. Moreover, Please note, GC is future Employment.
    Thanks

    Comment


    • #3
      Thank you for the reply. I really appreciate.

      Comment

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