H4 EAD pending and H1B transfer, new h4 EAD application?

Hi All,

My H1b is valid till aug 2022 and I also have an approved i140. My spouse’s H4 EAD was applied in May,2021 and it is still pending. I’ve just got a job offer and the new company has initiated my H1B transfer. They are also applying for H4 for my spouse. If I file EAD through them, they are charging another $1000. They also say that it would delay my visa transfer process by 2 weeks since they have to prepare the EAD documents.

  1. The current pending H4 EAD application? Will there be any impact on it with the H1B visa Transfer? I am assuming it will lead to an RFE but will get approved?
  2. Is their any benefit of concurrent filing of EAD along with the H1B and H4 visa transfer. Is it quicker? I am trying to avoid paying $1000 for the simple i765 form I could fill
  3. Should I just wait for approval of old EAD application, which should arrive anyday as I have seen people from April 2021 get it recently. and then file the new EAD application when 6 months are remaining on the potentially approved EAD, around Feb 2022?
    Or should I apply for a new H4EAD based on the new Approved H1B/H4 I get, right now itself? Would there be issues with have two separate pending EAD applications?

Any help would be appreciated. What is the best course of action?
Please ask me more questions, if you want to clarify.

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@Kalpesh_Dalwadi @anil_am22 If you’ll could share your input, it would be great. Thanks!

Prior applied EAD applications may not be impacted while H1B transfer is under processing. USCIS may raise RFE later on asking to submit valid status proof for H1B & H4 or may simply get approved based on the valid primary H1B & EAD applicant’s H4 status as reflected in their system.

I think the only benefit I see is that all approvals will ideally have same expiry date and so less hassle to track the renewal separately.

This is up to you to decide but as you mentioned, if you want to save $$$ you can wait for approval of EAD and then apply for extension later on.

No issues.

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With the lawsuit news which will provide 180 day automatic extension like other EADs for H4 EAD, I was thinking maybe I don’t need to file the concurrent H4 EAD anymore. Just wait for the pending EAD application to get approved and then it will keep getting renewed. What do you think?

That is your call but sounds good to me.

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