H4 EAD Extension with H1B Transfer

Hi @anil_am22

I have a question for H4EAD extension. My wife’s H4EAD is valid till Dec2022
I am planning to change a job in March 2022 and will need a H1b transfer.
If the attorney files for H1b transfer in Jan 2022 can we file H1B transfer, H4 extension and H4EAD simultaneously in Jan 2022 or we need to wait for H4 EAD extension till 1st July 2022 which is 6 months from H4 EAD expiry.

  1. I saw below text on google so asking this question:

When can We Apply for H4 EAD Renewal? You can apply for H4 EAD renewal 180 days before the current EAD card expiry . USCIS allows us to file H4 EAD with H1B Amendment and H1B transfer applications even if the current card is valid for more than 180 day

  1. I saw a post on am22tech as well which shows the person got RFE

Could you please suggest if we should fil H4EAD along with transfer or not.

Thanks
Ashish

You can apply for H4 and EAD along with transfer. There are some cases in which USCIS has sent back the EAD and asked to file only before 180 days but there is no clear pattern.

I would suggest to give it a try.

1 Like

@anil_am22 : Thanks for providing the info. Could you help me with 2 questions:

  1. Is is there any possibility USCIS reject this request of H4EAD extension request or they just send back the documents saying to file H4EAD within 180 day limit.
  2. Within how many months response for #1 is expected so that we can get to know USCIS will process the case or not.
  3. I saw few cases (listed on forum) where RFE is received for H4EAD in such cases. Do we know what kind of RFE comes and does that clear
  4. As we are planning to file H1B transfer,H4 and H4EAD in Jan 2022 what happens if USCIS does not provide any answer by 30th June 2022. Will I be able to file a new extension on 1st July 2022 based on old H4 which is already approved till July 2023 or I need to wait for response for previous one.

Thanks
Ashish

@anil_am22 : Could you please help me here for questions asked in above comment

They might just send an RFE to reapply later (and return the check) or might reject the application (with check returned).

No fixed time to get this notification.

@anil_am22 Thanks a lot !!