H4 to H1B Transfer and while H4 EAD decision is pending with USCIS

Hi All,

I and my wife both have an H1B Visa independently. due to personal reasons, we went to India. we returned back to the USA on November 2021. this time, my wife came to the USA as a dependent H4 on me and took a sabbatical leave from her current employer in India considering that once she get EAD she can work for her current employer. I applied for her EAD 4 months back and still waiting. In meanwhile, she is getting an offer from another employer who is ready to transfer H1B. here are my two very specific questions

  1. While her H4 EAD is pending with USCIS, Can she do Her H1b transfer using her previous H1 (currently she is in H4). does this affect her H4 EAD decision?
  2. if she gets an H1B transfer then does Visa stamping required for her? if so, do we need to go India or can go anywhere like Canada or Mexico etc.
    Request you to please help

Yes. Technically it will not be a change of employer (aka transfer) petition but a new cap-exempt petition with change of status from H4 to H1B, if she has not exhausted the 6 years of H1B term or has a approved I-140.
H4 EAD may get denied if she is not in H4 status when her EAD application is adjudicated.

No need as it will be change of status.


Thanks, Kalpesh for your answer. one follow-up question regarding stamping. incase, if she goes to India in future. how stamping cases will be handled considering that she is joining new employer

She will need to apply for H1B visa if she travels to India after COS from H4 to H1B.

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