Filing new H4 while H4 EAD is pending

Hi, I’m on H1 and moving job to new employer. so they’re transferring H1 for me and H4 my spouse. But currently standalone H4 EAD(filed in Jan2022) for my spouse is pending which was filed based on current H4( valid until May 2023).
Will this filing new H1 and H4 impact the pending EAD application or they’ll simply give EAD as per current approved H4?

Should I not apply H4 now as old is valid until May 2023 and wait for current EAD approval?

You can apply for H4 along with H1B transfer. USCIS may send RFE to submit the copy of primary H1B I-797 from the new employer.

This is okay too. Just make sure you track the expiry date of H4/EAD as it will not be in sync with the primary H1B, so you can apply for renewal in timely fashion and don’t get out of status.


Thank you so much @Kalpesh_Dalwadi for replying. So USCIS may give RFE for sending new I797 copy of primary H1B but won’t they have any issue with pending H4. Will they wait for approval of new H4 before approving already filed H4 EAD?

To be on safer side, can I wait for filing H4 until existing EAD gets approved. EAD should be approved by Aug-Sep 2022(filed in Jan 22 at Vermont center) and H4 is valid until May 2023.

One more thing, can I just send new H1b I797 to uscis myself after getting new H1b approved to avoid RFE in H4 EAD as that can further delay approval?

No issues as H4 is valid till 2023.

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