H4 EAD query on H1b transfer

Hi,

I wanted to confirm a scenario on EAD and validity to work. Well I used to work for company A that had my H1 valid till 2023 which is like say 2 years from today. and my spouse had her H4 and EAD also valid till 2023. I got a good opportunity and i transferred my H1b and H4 (only) to company B, although I know H4 and EAD were not needed as I had long duration on them. Our attorney doing H1 and H4 mentioned I can do EAD myself or through them while they filed H1 transfer with H4 in company B, in which case I chose to just do H1 and H4 although H4 was not needed immediately and decided to file EAD when H4 gets approved, or when receipt comes myself, Now I got H1 approval till 2024, and so the H4 will also get a 2024 validity with a new case number, we have H4 reciept. So scenario is spouse has EAD valid till 2023 in which the H4 case number written is old number and she is working for her same old company and continues. So here are my questions and confusions hoping you could advise accurately.

  1. EAD with Old H4 number valid till 2023 and latest H4 with new case number & i94 with valid till 2024, once it gets approved, can she continue working on old EAD till 2023.

  2. Can I file her EAD now with H4 receipt with EAD still having 2 years i.e, till 2023, so that I get new EAD card with additional year i.e., 2024. Reason I ask is i read in some forums that USCIS even in H1b transfer is now sending RFE and denials on EAD extensions filed before 180 days of expiry.

  3. If I cannot file her EAD now or after the H4 gets approved because of the 180 day thing, and I file it exactly 180 days before the last EAD date, can her job continue with situation and status mentioned in point 1 until new EAD is approved?

  4. This is seperate from above continuity, but my spouse was on H1b and has an i140 approved too, and both our i140 are are with stable good companies and wont revoke or anything. My query is on Alien number her EAD card has different alien number than in her i140. Is that normal. If it is, we usually dont mention alien numbers in forms and filings as they are optional, but ideally which one should we use, and should’nt they be same throughout.

Thanks in advance…

  1. H4 EAD card stays valid and can be used as long as the status is H4 irrespective of H4 and i94 receipt numbers.

  2. You can file EAD extension only before 180 days of current card’s expiry.

  3. She can work until the card is valid. Once expired and if extension is pending, she cannot work.

  4. Its okay to leave A number blank if you are not sure which one to fill. You can use either A number.

Ideally, it should be same but can’t guess as to why they assigned two different numbers.

Thanks Anil.

Your answer were extremely helpful. So looks like I shall now just wait and file EAD 180 days before her h4 expiry.

Just one last thing, so should we be worried about the different Alien numbers, and get them corrected? If yes, how.

Or it shall be fine when day of i485 comes and its common for Uscis and they can link.

I do not think there is anything to worry about A numbers.

I am just curious to know if your wife has all names and other data like birth and stuff same in all the forms. Just check and see if there is any discrepancy somewhere.

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