I am on H1B (6 year validity will expire 11/26/23). My employer has filed PERM for me on 08/26/22.
My spouse has approved i140 from old employer. Last month she started working for a new employer. Her H1B transfer is in process (New employer did not apply for premium processing for H1 transfer). So her current H1B is still the one from her old employer.
I may need to resign from my job shortly.
- Can I apply for H4 EAD based on my wife’s H1B+i140 with old employer?
- Which forms do I need to submit for H4 with EAD concurrent application? I believe it is I539 but looking to confirm.
- Will my H4 application be at risk if my wife’s H1B gets transferred to new employer before my H4 application comes through?
- Will the H4 + EAD remain valid after my wife’s H1B transfer happens?’ Will I be subject to the 60 day clock for leaving the USA after H1B job finishes, if I have applied for H4 timely?
- If I apply for H4, Will I be subject to the 60 day clock for leaving the USA after H1B job finishes, ?