I am currently with a company and my h1b extension got approved last month with premium and is valid till Nov 2024. I applied H4 extension - I539 and I765 for my spouse at the same time (June 09,2021) when I applied my extension and both i539 and I 765 is pending. Now I got a new job offer and if I transfer my h1b to a new company what will happen to my H4 and ead case? Will it be voided or rejected if I transfer to a new company? Do I need to wait until H4 gets approved before transferring the h1b?
Thanks in Advance!
The H4/EAD applications may keep processing while you transfer the H1B. USCIS may send you an RFE later on to submit the proof of your new H1B approval (after transfer) as your current employer will withdraw your H1B once you leave.
Thank you so much for your reply.If i transfer my H1b to a new company, my H1b will show my new company where as my spouse H4 extension will have my old employer. Will that be a problem when we go to India for stamping? As soon as I transfer my H1B and my spouse H4 gets approved, we are planning to go to India and get the stamping done.Can we do that or do I need to apply the H4 extension with my new company before I travel to India?
H4 is independent of employer, it is rather a derivative of primary H1B. So change in employer is not an issue at all with H4.
As mentioned above, H4 is not tied to any employer.