J2 to H4

D

dvila

Registered Users (C)
Hi,

I've been working on J1 status since 2006 and I received a waiver in 2008 for the two-years residence requirement. During this time, my wife applied for EAD (under J2 status) and she's currently working. The EAD expiration date is December 2009. Next month, my company will apply for an H1 visa for me and an H4 visa for my wife

These are my questions:

1) Can she keep working while the H1-H4 visa is under process (not approved) or she is unable to work since the moment she ask for a change of status?
2) Once the H1 is approved, can she keep working until the expiration date of her EAD?

Thanks!

Daniel
 
H1/H4 status kicks off when the H1/H4 start date printed on I-94 attached to approval notice is reached. Til then, you stick to your current status, provided your current status remains valid so she should be able to work during COS process. The earliest you can be on H1/H4 is oct 1.

She cannot work on EAD after your H1 start date gets reached which is most probably Oct 1.
 
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