Monday, August 10, 2015

H1B approved on new quota and H4 EAD also approved, which one to pick?

Lately we have received many calls where new H1Bs were picked in the lottery while H4 EADs are being approved. The question most are asking is what should they pick? This question does not carry such a straight answer because it depends on your situation.

There are two kinds of scenarios which come into play:

1. Those who did a change of status with their new H1Bs. This means that on October 1, the H1B will automatically replace the H4 status. Therefore you will have to work on the H1B not on the H4 EAD. Possible solution, reset to H4 before the H1B status kicks in. This will require a full consultation to be able to be answered. Please call us at 510 742 5887 for help;

OR

2. The H1B was done through consular processing, which means you can benefit from the H4 EAD until you decide to move on H1B. Note that you might have issues on the genuine job offer in case you do not work for the company which filed your H1B and need to move on H1B usually within six although there are few exceptions on the matter.

Whether you want to move to an H4 EAD or work on the H1B might be your choice, but you need to evaluate the following in making the decision:

a) Does your spouse H1B holds strong to carry your H4 status and ultimately your H4 EAD?
b) Do you want flexibility in your job? - H4 EAD can provide more flexibility to the H1B visa.
c) Do you want to open your own business? - H4 EAD is a good answer.
d) Does your company prefer you to be on H1B rather than H4 EAD?

The above questions and answers are important before you make a decision whether to pick the H1B or the H4 EAD. Note that once you make through the cap of the H1B, you can actually revive it depending on your situation. We therefore recommend you give us a call at 510 742 5887, if you have any question or need help in such a situation.