Question

I am thinking of changing my status from H-1B to H4 and get H4 EAD card based on my husband's H-1B and approved I-140. I am looking for an attorney. However, I have two questions before moving forward:

While my H-1B to H4 COS and H4 EAD applications are pending and my employer withdraws my own H-1B, what will happen to my COS and EAD applications? Shall I still stay in the U.S. without working and wait for the approvals of my petitions? Or shall I leave the U.S?

In addition, when COS is pending & my employer forces me to leave U.S. for a business trip, what will happen to my COS and EAD applications?

Thank you!

Answer 1

1. As long as your COS is filed with USCIS before your employer withdraw your H1b, you are allowed to stay in the US while USCIS is adjudicating your case. You do not need to leave. However, you cannot work for your H1b employer after your h1b is withdrawn.  

2. If you depart the US while the COS and EAD are pending, they are likely to be denied.