H1b transfer while h4+EAD is pending with old employer and i-94 expired

Hello there!

My husbands h1b extension approved in March’21 with employer A until Feb’23 and my h4 extension + EAD is pending for 5 months now (my i94 expired on July 2021). Now he gets a better opportunity and wants to move to Employer B. Since my i-94 has already expired, does it make sense to apply for a H4 transfer+EAD?

My current pending extension might also get denied after the H1b transfer or might get an RFE. Does filing for i120B help in this case?

Any suggestions would help because we haven’t started with the h1b transfer yet. If i have to wait for my approval it would take at-least 6 more months. What would be a smart decision?

Thanks!

1 Like

@Kalpesh_Dalwadi my scenario is almost Similar. There is no speeding up for h4 at this point. As far as i know your h1b premium transfer will be as usual. But I’m also confused with the mixed reviews regarding a new H4+ EAD with new company while the old one is still pending (You can file multiple h4 transfers when your dependents i-94 is still valid). My i-94 has already expired in July’21 and h4 extension pending since March’21. Lets see is someone who has gone past/know about this situation can help!

Thanks!

You may apply extension with H1B transfer and attach the expired I-797 and the receipt of the last extension of status application or just wait for RFE.