Wait for H4 approval from current company before new company can file new H1B and H4/H4 EAD?

USA
1

Hi,
Me (H4 holder) and spouse (H1B holder) filed for our visa extension on 8th April. This was converted to premium. The premium processing started on 17th June and we got the H1B approval notice on 19th June. However my H4 is still pending approval. My biometric was done on April 29th.
Looking at current trends, could you please advise how long it could take for my H4 approval?
Also, since my husband is switching his company, do we have to wait for my H4 approval from his previous company first so that his new company can start processing our new H1B and H4/H4 EAD?

2

Hi @pc86

You have not mentioned the USCIS service center where your H4 is pending.

We have only seen approvals multiple H4 and H4 EAD from Vermont center after 2 months of Biometrics.

Nebraska and California have not shown any H4 and H4 EAD approvals yet.

3

Hi,
Thanks for the update. Our service center is Vermont.

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4

Hi Anil,

My husband is switching his company, do we have to wait for my H4 approval from his previous company first so that his new company can start processing our new H1B and H4/H4 EAD?

Also, can you advise how long the transfer process can take?

5

You can either wait for current pending H4 extention approval or file new ones with H1B transfer.
Both are fine.

I strongly suggest to file H1B transfer in Premium and join only on approval.

Joining on H1B transfer receipt is very risky these days if your husband is joining any IT consulting company as their denial rate is high.

You can check the current regular H1B processing time here.

6

Thank you for your advise!
So then the new company can start processing for my H4 even when the H4 application from the previous company is pending?

7

Yes, a new H4 can be filed anytime.

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8

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9

Hi Anil,

My situation -
Applied for H1 & H4 extension with Employer A in normal processing at Vermont SC on April 10th
H4 bio-metrics completed on April 28th
I-94 expired ( H1 & H4) on June 17th, 2019
My H1 extension is approved on 21st Jun ( upgraded to premium processing)
H4 extension still under process at Vermont SC ( delayed due to bio-metrics processing)
Received offer from Company B two weeks back, and they have initiated my H1 transfer based on latest approved petition.

Question -
Since I-94 has expired for my wife, do I need to wait for her current H4 extension to be approved, before I join company B or can company B file H4 transfer & extension ? Will there be an impact since I-94 has expired for my wife and I am doing H4 transfer with Company B, before Company A H4 extension has been approved

Regards,
AK

10

Hi @ak123

Our system flagged your question as spam as you have used a different ID from same machine to ask the same question.

Isn’t it the same case that @pc86 has asked?

11

Hi Anil,
Yes the question is same, however was just curious if the I 94 expiry date would cause any problem during the h4 transfer since she might be transferring the h4 visa to the new company, before the approval of her first h4 extension.

12

She might get an RFE to wait for H4 extention result as you are now filing new H4 extention after i94 expiry.

14

Hi Anil,
My current H1B is approved and my wife’s H4 and H4-EAD applications are still pending at the Nebraska center since July 2020.

I am moving to a new job. Would we need new H4 and H4-EAD applications for my wife along with my new H1B transfer? The HR of my new company says - your old H4 and H4-EAD applications are valid and need not to file new ones.

However I am now reading that USCIS can revoke my current H1B after my current employer will notify USCIS. Will H4 and H4-EAD still remain valid?

Please suggest. Thanks!

15

Pls ignore above. You answered it here:

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