H1 transfer / H4

[garvin]

Hi Guys,

My H1b was revoked as a result of lay off from my company. My 485 is pending through my husand's company. My EAD expired a few months back and now I have applied for EAD and AP renewal.

My question is , what can be the advantages of me filing for an H4 status while I wait for my EAD to come and start working using it??(My husband's company's attorney is very confidently recommending to do that)

If I file for H4 and start working on EAD after say 4 months, then what will be the use of my H4. Will it be in effect again if I stop working..

And, If I file for H4 status, and I want to file for H1 after a few months, will it be an H1 transfer or a new H1 ?

Thanks..

 

[Samir Das]

H-1/h-4

Your husband's company attorney is right.
Since you have not renewed your EAD you are in no man's land and could be out of status, depending on when your H-1B was terminated and when your EAD expired.
You can be on H-4 status and have the EAD for working purposes.
Also, depending on how many years of your H-1B you have left,and have not exceeded 6 years, you can apply for a H-1B transfer to a new company. But if you get your EAD before that you need not get the H-1. Again, the USCIS may determine that although they approve of your H-1B transfer, you may have to go out of US for the stamping before you can work using the H-1.

 

[GotPR?]

My question is , what can be the advantages of me filing for an H4 status while I wait for my EAD to come and start working using it??(My husband's company's attorney is very confidently recommending to do that)

If I file for H4 and start working on EAD after say 4 months, then what will be the use of my H4. Will it be in effect again if I stop working..

And, If I file for H4 status, and I want to file for H1 after a few months, will it be an H1 transfer or a new H1 ?

Thanks..

If you are going to use EAD, applying for H4 is just waste of money, because as soon as you use EAD, your H4 status is gone.
And strictly speaking, you may not be able to get H4 status in the US without travelling, because change of status is from non-immigrant to non-immigrant status, however, you are under authorized stay under pending AOS and not exactly under non-immigrant status.


your next H1 will be exempt from quota if that is what you mean by "H1 transfer or a new H1", provided you have remaning time on H1.