Regarding H1B to H4 Change of Status

[awisawe]

Hi
My Wife is currently working on H1B which was approved this year. Before that she was working on H4EAD.
The H4 EAD is valid till January 2024.
She wants to switch job but the new employer is not willing to file H1B transfer.
As she has valid H4 EAD till Jan 2024,can she do the change of status without visiting INDIA.
Lets say we visit INDIA get the H4 activated again. Does she has to reapply for new H4EAD or the old one is good to be used.Please advice.Thanks in advance.

 

[wagecuck3]

She can apply to switch back to H-4 status, however there is currently no premium processing for this application type, and processing times are very long. (You can see processing times on the USCIS website.) Then again, the time it would take to get a new H-4 visa might also be quite long. You can decide for yourself which option is better.

If she switches back to H-4 status, then the old H-4 EAD can still be used unless it has been revoked by USCIS. In general USCIS does not seem to send revocation notices in the case of a change of status.