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

USA H4EAD
22

Thank you. This thread is helpful

23

A post was merged into an existing topic: Can i continue work if H4 EAD approved but H4 extension pending

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My spouse h4 and h4 EAD valid until Nov 2022. Recently she applied for H1B and got approved to start from October 2020. Currently, her employer running payroll on H1B. Now, my spouse is planning to go to India for vacation and get back with H4 stamping without attending H1B stamping. If she comes back on H4 Visa, can she use her H4EAD since it is valid up to Nov 2022. My status (H1B with approved I-140) never changed and working with same employer for the past 10 years.

Could you please answer if you know the answer?

25

She should be able to use H4 EAD.

27

Hi @anil_am22 , My spouse has H4EAD valid till 2023 December, she got her H1B and COS approved and started working with H1B sponsoring employer. But now her H1B employer is revoking her H1B (not done yet), she has another offer from non H1B sponsoring employer. Do we need to apply for her H4 COS and can she still work on old approved H4EAD with new employer till she receives her new pending H4 decision. Thanks for the reply in advance.

28

She can use H4 EAD once H4 has been approved.

29

Thanks Anil, Since she already had H4 I797 approval till Dec 2022 (approved before H1B COS approval). Do we need to still file H4 and COS, if H1B is revoked or her old H4 approval will automatically grant her H4 status, without filing any new H4 COS petition, and correspondingly allow her to use H4EAD along with it as authorization to work?

30

Nothing is automatically done. You will have to apply H4 COS.

31

Thanks for the great forum.

I am planning to transition from cap-exempt H1B to capped-H1B - moving to different companies as well. My I-140 is approved and my spouse has H4 EAD based on the cap-exempt H1B. Both my H1B and my spouse’s H4 is valid till Jan - 2025.

The cap-subject H1B will be filed next march. If I get selected and approved, I understand that I can start working on the new visa at the new employer from Oct 1st.

I have a couple of questions on this:

  1. Can I keep working with the old employer with the cap-exempt H1B until Oct1st? Do I need to do anything special for this, or does nothing need to be done?
  2. Can my spouse continue to work on H4-EAD after the new H1B approval? I know you answered earlier that spouses can continue H4 EAD even during H1B switch. But in this case of cap-exempt to cap-subject, is that still true?

Thanks

32

The main thing to understand is that until the new cap-subject H1b is activated, everything else remains the same as before.

If cap-subject H1B is approved with a start date of Oct 1, then everything will change only on Oct 1 and till then whatever is your current status, will remain as it is.

33

Hi Anil,

Thanks for all the great information. I wanted to confirm on my current situation.

Current stat: H1B, H4, H4 EAD valid till May 2024 and have valid stamped visa. Have a valid i140 approved with my current employer. My spouse had to wait 8 months for her current H4 EAD and was out of work during that time.

I have found a new Job and H1B transfer just started, attorney is suggesting to file H4 and H4 EAD along with transfer. If H4 and H4 EAD is filed along with my H1B transfer, my spouse should be able to continue to work uninterrupted until May 2024 with her existing EAD card - is my understanding right?

Further, the H1B transfer will hopefully be filed in June 2022 and when respective H4/EAD gets approved, the new EAD card might be valid beyond current ead expiry date of May 2024. Lets say, If USCIS approves H1b transfer for 3 years based on my existing i140, then H4 EAD might be valid from June 2022-June 2025. So I am under the assumption, its beneficial to file the H4/H4 EAD along with H1B transfer. Does this sound right or am i missing key details?

35

You may get an RFE to provide H4 status proof.

In some cases, they also deny it if the old employer withdraws your H1B and then USCIS can’t find the new H1B (after H1B transfer) themselves.

I suggest filing another H4-EAD with the new employer’s approved H1B i797 to avoid this risk. It’s a 50-50 chance. So, take the decision based on your best judgment.

37

Thank you so much Anil

38

Hello Anil,

I have applied H4 EAD for my wife, we are still waiting for approval notice, but the EAD is applied based 08/31/2022 expiration date. Can I apply one more EAD before that based on new extension. If so do I need to fill application as initial one or renewal based one

40

Hi Anil,
With my current employer A I have filed my H1B Extn + H4+H4 EAD (all together) as my VISA expiring in Jan. Now I have an offer with employer B my questions is

  1. Shall I wait to initiate H1B VISA transfer with employer B till all my case got approved. I don’t want to miss my spose H4 EAD extension
  2. Is there any impact on H4 EAD if I change the employer, do I need to initiate again H4 + H4 EAD along with my H1B VISA Transfer.
  3. What would be case if my Employer A withdraws my H1 Extension case by hearing news that I am leaving company ,any impact on H4 + H4 EAD extension ?

How can I save H4 + H4 EAD if H4 EAD Extension is already with Employer A, Please suggest,Thanks

41

If you have applied in premium, then, it is better to wait.

If applied in regular, then, it may take more than 4 months.
It is better to file H4 and H4 EAD again as in some cases, we have seen that USCIS denies h4 and ead if the old employer withdraws H1B.