Does H4 EAD stay valid after H1B transfer? Do we need new i140 for renewal after transfer?

I have a valid I140 (from 2013) and my H1B is approved till 2022 (so is my spouse’s H4 and EAD). If I make an H1B transfer to another employer, can my spouse continue to work with the current EAD till it expires in 2022?

When do we need to apply for new H4 and EAD - 1) right now with my H1B transfer application or 2) before the expiration of the current one in 2022? Would we need a new I140 for new EAD?

If the spouse can wait till 2022, will it create an issue returning from international travel if my H1B shows a new employer but the H4 stamping of the spouse shows my old employer?

Thank you.

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Hi @jef_ry2000

H4 EAD filing with H1B transfer

There is no need to file a new H4 extension and H4 EAD with H1B transfer if both have long validity.

H4 and H4 EAD and not tied to your employer and hence remain valid even if you change the H1B employer.

Is new i140 needed for H4 EAD extension?

No new i140 is not needed as long as your old i140 stays valid. You can keep using the i140 for H4 EAD extension even after multiple H1B transfers.

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Thanks for the explanation!

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Hello All,

My spouse has a H1B approved with Employer A until April 2019 and my H4 EAD is approved until April 2019 as well.
If my spouse transfers his H1B to a Employer B before April 2019 and also applies for H4 for transfer , I have certain questions.

  1. My understanding is I can still work on H4 EAD irrespective of my spouse H1B transfer until April 2019.
  2. If my spouse H1B is approved and H4 transfer is also approved before April 2019 can I use the old Company A (i140) and apply for H4 EAD even though my spouse New employer Company B has not still filed PERM and I140 and continue to work.

Thanks

Hi @swedg

Your question has been moved to this page as it is related.

You can keep working using your existing H4 EAD as long as it is valid. H1B transfer does not affect H4 EAD.

You can use old company i140 to extend your H4 EAD as long as i140 stays valid. Make sure your spouse does not leave the current employer before 180 days of i140 approval.

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Thank you for the reply Anil, sorry I was unable to find my login details.
So if my Spouse moves to a new company (From Company A to Company B) and his H1B is approved and my H4 is also approved We can use the existing i140 (Company A) to file for my EAD Card extension, My spouse has stayed longer than 180days in Company A after 140 is approved
Is it required by H4 is also approved after transfer to file my EAD Extension?

Hi @swedg

You can file H4 transfer or extension if it is expiring soon. But, it is not required.

If H4 has long validity at this time, you can keep using it.

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Hi Anil, My H4 & EAD is also expiring with my spouses H1B
He is thinking to switch companies, so I was wanting to know if my H4 also need to be approved before I can file H4- EAD extension based on Company A (i140 approval)

You can file all three together.

Or you can file H4 EAD based on H4 receipt number.

Both options are available. Filing together is better and faster.

Hi Anil/, Thank you and the site having very valuable information. I need some help on below. Please let me help me on it,

My I-140 Approved with company A ,after 1yr Moved to company B.
Company B applied H1b change and got approved for 3yrs(till May 2021), Seems to be Company B got delaying the PERM filing. In case if do not get i-140 approved by May 2021, Can I use companyA I-140 for another h1B extension or not

Thank you.

Hi @123_SRK

Please read above

Thanks Anil, I see that “as long as i140 stays valid” So we can use old I-140 . Please correct me.

Hi Anil can we send only new H4 receipt number for H4EADalong with H1 Approved Copy…

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I don’t understand your question question.

Anil I got H4 receipt,can I apply for H4EAD with H4 receipt?

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Thank you for the update Anil…

H1B Approved…

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A post was split to a new topic: Will H4 EAD validity be same as shortened H1B after transfer?

Hello ,
I have H1B with I140 approval from 2017 and recently changed employer.

Since my I140 is from my old employer, Will my wife lose her H4 EAD (approved till 2023) or do we file a new EAD with new H1B transfer approval.

I am not sure if my employer will revoke 140 or not.
Thanks,

Hi @RaviPrasad

Please read above. It has been answered.