Dependent has pending H4 and H4 EAD applications(May 2021 receipt date, Texas center) with approved H1B till Aug 2024 (dependent terminated employment at this point as current h4 expired on Aug 15 2021)
Do I need to file H4 and H4 EAD again if I’m doing H1B transfer at this point?
I’m confused as I see both answers in previous posts/forums (not filing H4 + H4 EAD again , filing again both H4 & H4 EAD with H1B transfer in premium). Which route should I take
Also, if I have to take filing again route, does it help to speed up as my H1B transfer is in premium?
If you don’t file again with the H1B transfer,
- You may get RFE as your ex-employer will withdraw your H1B on basis of which you applied H4/EAD. If you get RFE, you will need to provide the copy of newly approved H1B. As you are doing premium, this shouldn’t be an issue but for someone applying without PP, H1B may not be approved by the time one receives RFE for H4/EAD which will delay responding to the RFE and can get denied if you still don’t have the H1B approved within the timeframe to respond to the RFE.
- The approved H4/EAD expiry dates wont match the newly approved H1B and that puts a burden on you to keep tracking expiry of status of your dependents. Many people miss to renew in time and end up getting into unlawful stay.
Accept for the above two, I don’t see any downside of not applying again with H1B but most attorneys just recommend doing it to avoid issues at a later stage.
Assuming my h1-b transfer in PP approves and I don’t file H-4 + H-4EAD again, is there a possibility USCIS can directly deny H-4 and H4 EAD with out RFE? If so, dependent would be out of status immediately and have to leave country the same day? How does that play here?
Also let’s say if I file H-4 and H-4 ead with my H1-b transfer in Premium processing, do you think premium processing can help speedup processing for h4 and EAD as well?
This may happen if they don’t see active H1B for primary after the ex-employer withdraw the petition however USCIS has reverted back to their policy of first sending RFE or NOID before denying a case so chances are low.
In such cases you may request Motion To Reopen (MTR) or can file new application using NTP which if approved, the start date on the I-797 will be back dated to bridge any gap in status.
USCIS is not processing H4/EAD in premium along with H1B like they used to do in past. However since suspension of biometric requirement for H4, the processing time is supposed to improve over a period of time.
HR 8337 was passed and included provision to introduce premium processing for H4, COS & EAD applications however USCIS is yet to publish it as a regulation in the Federal register. Hopefully this will get implemented soon.
I just see a post in FB group saying this
My spouse visa H4 got denied with reason of my H1b visa is in withdrawn status(employer transfer). But I have my H1b visa approved with new employer. Is there anyway we can re-file or appeal H4 visa referencing my latest H1b visa without traveling back to india
May be USCIS is still denying for this reason with out RFE’s or NOID.
I guess best approach here is to file H4 and EAD again with new H1b just to be on the safer side?
and no need to withdraw older h4 and ead applications right?