Do I need to go to India if I want to change status from H1B to H-4 in order to apply for an EAD?
20 Apr 2015Answer
The change can be done either by filing for change of status from within the United States, or by applying for an H-4 visa from abroad. The main difference is that, if the COS is filed in the U.S., the H1B status stays in place and work can continue with the H1B employer until the H-4 change of status request is approved. Hopefully, the EAD will be approved around the same time as the H-4. Otherwise, with a consular case, the EAD has to be filed after returning to the U.S. and it is likely to take 90 days or so for approval. (20.Apr.2015)
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