Wednesday, October 14, 2015

H4 COS is approved but H4 EAD not yet approved - what happens to your job?

Recently many has gladly shifted either from H1B or OPT to H4 and ultimately the H4 EAD. Even though the cases in such changes of status (COS) are being processed concurrently, most people are receiving a H4 status approval before their EAD. The H4 EAD is usually being followed around few weeks later. In this situation,  what happens to your job in the meantime and whether you should work? 

Positively once the H4 COS is approved until the EAD is approved, you are not allowed to work. However, in case you are working by mistake, and USCIS brings this issue in the future especially for your permanent resident card process, you can always look into INA 245(k) to defend your case. See memo guidance from USCIS on INA 245(k)
However note that the INA 245(k) is only a defense.

The best solution is to work with your employer to take a break until the H4 EAD is approved, and if you are confused or need help on the matter, please call (510) 7425887 for a consultation.

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