San Antonio, TX asked in Immigration Law for Texas

Q: I had EAD but I changed to H1B later. I moved to H4 again, can I use my earlier EAD for renewal or should it be initial?

I had an H4 EAD earlier but later I moved my visa status to H1B from H4. Now I changed to H4 again. Now while filing for EAD, can I use my earlier EAD for renewal or should it be initial permission to accept employment?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you previously held H4 EAD and then changed to H1B status, and now have reverted to H4 status, you may be eligible to apply for a new EAD. However, because you changed your status to H1B and are now back to H4, your situation is considered a change in employment authorization circumstances.

Therefore, you would typically need to file for a new initial EAD rather than a renewal, as renewals are generally for unbroken periods of eligibility under the same status. When you file your application, ensure you provide all the necessary documentation that reflects your current H4 status and your previous EAD to support your request for new employment authorization.

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