H1B Approved with Employer A but H4,H4 EAD Pending and H1B transfer

USA
#1

@Anil.Gupta

I am working for an employer A and H1 B extension is approved. My spouse’s H4 and H4 EAD are pending after biometrics. She has H4 EAD till Dec 2019.

If I transfer my H1B to employer B what will be the status for H4 ,H4 EAD.

Do I need to immediately from Employer B or I can wait for approval for the one filed by employer A

Thanks

#2

Hi @Ashish

There is no need to file H4 and H4EAD with transfer unless your current employer is planning to withdraw your H1B once you leave.

If they withdraw, you may get an RFE for H4 and H4 EAD to prove H1B status.

#3

Hi @Anil.Gupta

It highly likely my EmployerA will withdraw the H1. You mentioned in that case I may get RFE for H4 and H4 EAD. Couple of questions:

  1. Will that happen if my H1B is withdrawn by Employer A, H4/H4EAD will be withdrawn too automatically or by Employer A.
  2. If H4/H4EAD is not withdrawn along with H1B what are the chances that RFE will be cleared when I provide approved H1B petition with Employer B . Is there any chance for H4/H4EAD rejection

Thanks
Ashish

#4

Hi @Ashish

H4 and H4 EAD are your individual application and are not withdrawn until you yourself withdraw them.

Chances of RFE clearance depend on what is asked in RFE and what you submit at that point.