H4 EAD Pending and H1B transfer

Hi,

My husband’s H1B visa got extended till April 2023. My H4 receipt date was March 2020. I didn’t receive biometrics appointment till Feb 2021. So I travelled to India and got H4 visa stamped in my passport and travelled back to US in March 2021. I applied my first time H4 EAD in March itself and received my receipt notice for I-765. In April 2021, I received biometric appointment for my H4 visa (I539). I went to ASC center and gave my biometrics also.

I have couple of questions now.

  1. Should I have to withdraw my H4 application that was applied in US as I got my H4 visa stamped in India?
  2. My husband is planning for job change. At this situation will it affect my H4 EAD processing?
  1. Should I have to withdraw my H4 application that was applied in US as I got my H4 visa stamped in India? - No need to withdraw as the application is deemed abandoned if the applicant leaves the country while the I-539 is pending.

  2. My husband is planning for job change. At this situation will it affect my [H4 EAD] processing? - You already have your H4 approved and as long as your husband is in H1b status (with current or new employer) your H4 EAD application should not be impacted.

1 Like

I agree with @Kalpesh_Dalwadi but i would still suggest to file H4 EAD with H1B transfer as USCIS might deny the old application as they usually are not able to connect old H4 with new H4.

Hi Anil,

My spouse had applied for H1B extension and my H4 extension on Feb 2021.Spouse got H1B approval in Feb and valid till Dec 2023.I had my Biometrics appointment in May 2021.As H4 extension processing time is longer ,I tried and got my I94 updated at Land border till Dec 2023(H4 extension is still pending). Applied for EAD renewal in Aug 2021 with updated I94(valid till Dec 2023).Now my spouse has changed his employer and applied for H1B transfer which is still under process.
My queries:

  1. Should i withdraw my H4 extension application or just leave it as is?
  2. As my spouse has changed is employer ,do I need to apply for new H4 EAD with I94 updated that i got at Land border and by mentioning spouse’s new H1B receipt number in my EAD application form or can i rely upon the EAD application that i applied in Aug with spouse’s old H1B receipt number?

Appreciate your suggestion.Thank You.