H4 and H4 EAD extention along with H1B transfers

USA H1B
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1

Hi @anil_am22

We need your help for filing H4 EAD based on below series of events :

  1. Employer A H1 Valid till Dec 2022, H4+H4 EAD approved till Dec 2022
  2. Employer B H1 Valid till Sep 2023,H4 approved till Sep 2023 ,H4EAD extension did not file ( as we have already approved one till Dec 2022)
  3. Employer C H1B transfer started in Jan 2022 and will be complete by Feb 2022. We will file H4 as well along with H1B and it takes 6-8 months for approval.

We have below mentioned options to file H4EAD:

  1. File H4 EAD extension in July 2022 so that we can get automatic extension based on already approved H4 (through Employer B till Sep 2023)
    Please let us know if we will get automatic extension till Sep 2023 because we have approved H4 via Employer B or new H4 pending application via employer C will cause any issues.

  2. File H1B,H4 and H4 EAD together with Employer C. Not sure if USCIS will accept H4 EAD application as we already have H4 EAD valid for more than 6 months.

Could you please let us know to handle this situation.

Thanks
Ashish

2

Option 1 is a good option in my opinion.

You can try option 2 as well and if USCIS accepts the EAD application, you will be good there as well.

3

@anil_am22

Have a confusion because we will have 2 applications with USCIS at same time in July 2022:

  1. H4 EAD extension application (Based on H4 approval valid till Sep 2023) from employer B)
  2. New H4 approval application from Employer C

Please let us know if we will get automatic extension till Sep 2023 because we have approved H4 via Employer B or New H4 pending application via employer C will cause any issues.

Thanks
Ashish

4

@anil_am22

Have a confusion because we will have 2 applications with USCIS at same time in July 2022:

  1. [H4 EAD] extension application will be filed in July 2022 (Based on H4 approval valid till Sep 2023) from employer B)

  2. New H4 approval application in Jan 2022 from Employer C

  3. Can we file H4 EAD in July 2022 (Based on H4 approval valid till Sep 2023) from employer B) or New H4 pending application via employer C will cause any issues like RFE or rejection.

  1. Will we get automatic extension till Sep 2023 because we have approved H4 via Employer B .

Thanks
Ashish

5

H4 is not tied to any employer. H4 is a dependent benefit and remains valid as long as the primary H1B maintains its status.

You should be able to get auto EAD extension if your H4 i94 is valid beyond the EAD validity date.

6

@anil_am22 Thanks Anil for your prompt response.

One last question

A new H4 Application is filed in Jan 2022 and will not be approved for 8-9 months seeing current delays. I need to file H4 EAD extension application in July 2022 .
Can I send USCIS my old H4 approval ( valid till Sep 2023) or Should I send USCIS new H4 application receipt notice which is not yet approved.

Thanks
Ashish

7

It is always better to use the H4 that can get you longer EAD validity. But, you can send any as per your choice.

8

@anil_am22 : Thanks a lot Anil for your support !!

9

Hi @anil_am22,

Need your kind suggestion.
I am working with Employer A and my husband is on H4/EAD (with my Employer A).
Employer B is planning to do an H1B Transfer/H4 Extn concurrently for us.

So let’s say Employer B files H1 Transfer + H4 Extn concurrently, and after H1B transfer is approved, I decide not to join Employer B, then what will happen to my husband’s H4 Extn which Employer B has filed concurrently?

Will, it gets auto cancel his H4 Extn request (via employee B) as well, or do we need to do anything extra in order to stop/Cancel it? Will it have any impact/issue on his current H4. Just don’t want to take any unseen risk.

Thanks,
Seema

10

If employer B withdraws their H1B petition and the H4 is pending at that time, then USCIS will most probably deny the H4.

11

Thanks @anil_am22 .

Will this impact his current h4 (from emp A) and any other extensions future?
Also is it safe to start his H4 extn after I decided to join employer B for sure?
So is there any issue if we start his extn after my transfer is approved and I plan to join them for sure?
His current H4 & EAD with employer A is valid till mid of 2023, If my H1B transfer is done, and employer A has revoked H1b, and her extn is not started with Employer B, what will happen in this case?

Please advice.

12

Hi, I’ve a doubt here, similar condition, If I opt to for extension of H4 and H4 EAD along with H1B transfer, would that affect my current EAD? I’m already working on EAD and spouse changed his job,I want to make sure that it doesn’t affect my work with above process.

13

The existing approved H4 EAD is not affected by any new application. It stays valid unless explicitly revoked.