Filing new H4 EAD while H1 transfer is in progress

[mnbqa24 (Babu)]

Hi Anil,

Below is my situtation. My I140 is approved last year and based on that got h1 approved until Dec 2023. Before receving H4 approval, I got an offer so I switched from employer A to employer B.
Note: While doing H1 transfer I haven’t applied for H4 transfer. This week I got my dependents visa extension approved (which wa filed by previous employer).
Could you please help me whether I can file for H4 EAD (1st time filing) for my spouse where my H1 transfer with new employer is still in process with USCIS?

Thanks,
Babu.

[Kalpesh_Dalwadi]

@mnbqa24

whether I can file for H4 EAD (1st time filing) for my spouse where my H1 transfer with new employer is still in process with USCIS?

To have the application process without any RFE, you may wait for the approval notice for H1B. Upgrade H1B application to premium processing if possible.

However you can still apply for H4 EAD using the H1B receipt but you may get RFE from USCIS later on to submit the approval notice for H1B before your case is adjudicated.