Q: H1B > H4 change of status question
I and my wife are currently working on H1B visa.My wife is exhausting her 6yrs by 03/02/2020 (also her I94 expiry) whereas I have approved I140 and eligible for out of cap extensions.Can I file for a change of status (from H1B to H4) and H4 EAD for my spouse concurrently and she can continue to stay in the US even after her current I94 expiry (till we have a decision on H4 application)? If say, the H4 filing date is 01/31/2020, can my wife work on her H1B till 02/28/2020? Or she should stop working immediately after filing for H4 as it is considered change of status? Please suggest
A: She can file to change status from H1 to H4, yes. She may or may not be eligible for an EAD; she should consult with an attorney for more information on that. She can work in the US as long as she has permission to do so—March 2, 2020.
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