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vneela

Clarification on Work Authorization During H4 Processing(Currently on H1-B)

By vneela in Work Visas

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vneela Newbie

vneela   0

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Hi!


I have a question to ask on behalf of my spouse.

My spouse's H4 and H4 EAD cases are still under processing (start date on application is February 17, 2025), and she got receipt notices from USCIS for both of them. While filing for H4 and H4EAD, she was on H1-B, and her H1-B is valid until September 2025. So, we want to understand if she can continue her work with her employer being on H1-B until she gets her H4 approval from USCIS. (I understand once her H4 is approved, she has to pause work till her H4EAD gets approved.)

Thank you in advance

Sinead91 Enthusiast

Sinead91   250

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Filed: Lift. Cond. (pnd) Country: Ireland
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Posted

Why is your spouse abandoning her H1B and working under a H4? Will her employer not extend her H1B?

 

But yes, once her H1B expires at the end of September, unless they extend it for her, she has to wait until she has her EAD in hand before continuing employment.

Immigration Specialist for Cap Exempt organization. Happy to help with H-1B / J-1 / Change of status :) 

Marriage Based AOS

  • Wedding: 05/16/2020
  • Packet sent: 01/07/2020
  • NOA1 i485, i130, i131 + i765: 08/10/2020
  • Biometrics i765: 10/07/2020
  • Biometrics i485: 10/20/2020
  • EAD + AP approved: 11/03/2020
  • EAD + AP card arrived: 11/09/2020
  • SSN arrived: 11/10/2020
  • Interview: 02/22/2021
  • Approved: 02/22/2021
  • GC arrived: 03/01/2021
  • ROC packet filed: 01/13/2023
 
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