Consulate Process- Change of Status - H4 with an EAD?

[vijayahr]

Hello Everyone,

I got to know that for an H4, we can apply H1 without asking for change of status. Is that true? will the person get the approval notice without I 94 or with I 94? and what status will the approval notice shows? Is it H4 or H1? Do we have this option? If so, what are the pros and cons in getting work permit without change of status? And once the person goes for stamping, will her status then change to H1? Is this applicable for rest of the visas too? F1, F2, L1, L2 and B1?

I heard this too. A person on H4 with an EAD is eligible to work. Other than F1s, GCs and L2s, H4s will also get an EAD???

Would really appreciate your quick resposne in this regards.

Thank you very much in advance and you have a great day.

Vijaya

[kabkaba]

Hello Everyone,

I got to know that for an H4, we can apply H1 without asking for change of status. Is that true?
Yes, true

will the person get the approval notice without I 94 or with I 94?
Without I-94

and what status will the approval notice shows? Is it H4 or H1?
There is no status, the beneficiary's status remains what it was before filing.

Do we have this option?
Everybody has this option. This is same as filing an H1 petition when the beneficiary is outside the US.
If so, what are the pros and cons in getting work permit without change of status?
Once change of status gets approved (with I-94), the person must start working to maintain H1 status from the day H1 status becomes valid.
If for some reason one does not want to start working from the H1 valid date, filing without change of status is advisable. However, one cannot start working before traveling outside, obtaining H1 Visa and returning in H1 status.


And once the person goes for stamping, will her status then change to H1?
There is no status outside the US. Once a person travels to US using a particular Visa, the latest I-94 determines the status.

Is this applicable for rest of the visas too? F1, F2, L1, L2 and B1?
Not clear.

I heard this too. A person on H4 with an EAD is eligible to work. Other than F1s, GCs and L2s, H4s will also get an EAD???
H4's who have a pending I-485 are eligible to obtain EAD.

Would really appreciate your quick resposne in this regards.

Thank you very much in advance and you have a great day.

Vijaya

See above.

[vijayahr]

Hello Sir,

Thank you very much for the timely help.

Is this applicable for rest of the visas too? F1, F2, L1, L2 and B1?
Not clear - Sorry!

The question is - can an F1 or F2 or L1 or L2 or B1 can also go for H1 without asking for change of status just like an H4?

Thank you and you have a great day.

Vijaya

[kabkaba]

Yes, anybody. This is same as filing an H1 petition when the beneficiary is outside the US.