What happens to pending H4 EAD extension if I file H1B transfer?

Hi Anil
If my current company A filed my wife’s h4 EAD extension and is pending, and then I jumped to a new company B, how would the h1b transfer impact my wife’s EAD extension?

And would the new h1b transfer premium processing be able to accelerate the h4 EAD extension case?

Thanks!

H4 EAD pending extension stays active with H1B transfer

Your pending H4 EAD extension with current employer can stay active if you file H1B transfer.

But, we have seen in many cases that USCIS denies both applications if the old Employer withdraws H1B before USCIS processes H4 and EAD.

So, its better to file a new H4 and H4 EAD with H1B transfer.

H4 EAD chances of RFE

There is a possibility that H4 EAD might get an RFE if you leave your current employer and they file for H1B withdrawal before H4 EAD is approved.

File new H4 EAD extension with H1B transfer

You can also file new H4 Extension application along with your H1B transfer in premium and get approvals within 15 days.

HI Anil,

Can you please kindly help me on my below query.

I have recently applied for H1 and H4 extension with my currently employer A. My H1 is approved . However H4 and H4EAD are still pending for approval.

Now I am planning to move to employer B. So I have initiated my H1 transfer with employer B. Can i also initiate H4 and H4EAD transfer as well along with my H1 to the new employer B? Also the current H4 is already expired with the employer A and the extension application is pending for approval. Since now the current H4 is already expired, can we still file a H4 and H4 EAD transfer as well along with my H1 transfer with empolyer B? Is this called a bridge H4 ? Please kindly advise

Hi @Bhanu
There is no need to file a new H4 transfer or H4 EAD with transfer.

If you want, you can file with no issues though.

Thanks for your help Anil.

Basically the approval that i got is for only 1.5 months. Hence would like to transfer H4 and H4 EAD as well with the new employer so that we may get longer period.

Since the existing H4 is already expired and the extension is still pending with the current employer, can you please confirm if I can file for the concurrent transfer for all H1, H4 and H4 EAD with the new employer ( particulary the H4 as currently it’s expired).

You can file H4 and H4 EAD with H1B transfer.

Hi,

My husband’s company applied for H1, H4 and my ead in PP in May and we received RFE for H1.

The company replied for RFE in Aug end and H1 was approved finally on Sep 4.

But his job was moved overseas and was given Oct 15 as his last date. Luckily he got another job and he received H1 approved for that company also today.

But my H4 and EAD is still pending. Both of them expired on Sep 30 and I am on unpaid leave.

So after Oct 15, what will happen to my H4 and EAD as his lawyer said they will send a notice to USCIS for revocation of H1.
If the new company apply for new h4, will it piggy back with my existing pending application or it is considered new and I have to wait for another 6 months? TIA

Hi @Blore123

Your pending H4 and H4 EAD applications can continue even if employer withdraws H1B. No need to worry.

You do not need to file a new H4 extension with transfer.

Thanks Anil. Your response is really helpful.

4 posts were split to a new topic: Can we travel out of country to Canada to get H4 stamp and speed up H4 EAD?

Hi Anil,

One related question, (I asked in a different forum and redirected here).

From the above answers looks like i don’t need to reapply H4 EAD.

But what would be validity of H4 EAD? Will be as per the old i94 expiry or new i94?
I mean during H1B transfer, H4 also will get for 3 years. But the H4 EAD is referring the previous petition and H4 which is just 1 year.

Regards,
Saba

Hi @Saba

The chances are high that H4 EAD validity will be restricted unless USCIS officer is able to see your approved H1b transfer and assign new dates.

Its a 50-50 chance.

4 posts were split to a new topic: What will happen to pending H4 extension if Employer withdraws H1b after leaving them?

3 posts were split to a new topic: Can biometrics from withdrawn h1 petition be used for h4 extension pending from current employer?

From CompanyA my dependents filed their H4 and H4 EAD on December 5th, 2019 and so far we didn’t receive any update on that.(my H1 was valid till early May 2020 i.e. 4 months and 5 days).

I changed my employer on Mar 16th , 2020 and filed a new H4 and H4 EAD for my dependents from new employer CompanyB. I have tried to expedite H4 and H4 EAD.

I learnt that i will be in deep trouble if i receive ComanyB’s approved first followed by CompanyA’s. I request you to kindly help clarify the below

  • Should I revoke the previously filed H4 and H4 EAD petetions?
  • If I have to revoke then, the new approval will have from date Mar 16th 2020 onwards. Is it a problem that she will not be having a status for Jan and Feb months.

Expecting your valuable input. Please help.

Thank you,
Ganesh

@Ganesh_Nagendra
I am not an expert like @Anil.Gupta but below are my thoughts on your query. I might be wrong somewhere and will be happy if someone corrects me.

  • I don’t think so that there is any harm in having multiple H4/H4EAD applications. Even @Anil.Gupta has also mentioned this in some other threads, I guess.

  • Because CompanyB H4/Ead was applied 3 months later, I don’t think so that it will be processed first, USCIS should pick up the applications in some order.

  • Irrespective of whether you expedite or whichever H4/EAD application is approved first, it won’t impact you negatively. The only fact is the date of validity might be different based on which application gets approved. I think that you would be able to use the approved H4 application with longest validity for visa stamping purposes.

  • I don’t think so that your dependent/s will be out of status for Jan/Feb if you decide to withdraw the applications. Firstly you don’t need to withdraw and even if you are able to withdraw then also your dependents had valid pending approval status for Jan & Feb with CompanyA H4/EAD application and CompanyB’s for March onwards.

Note: These comments are my understanding and could be wrong.

All the best!
AVA

1 Like

Ava, thanks a million for your reply.
I learnt that i94 from last approved h4 precedes preiously approved ones. Hence the question arise.

I tried to expedite the CompanyB H4 with senator. In case if USCIS agrees to approve, following happens.

CompanyB H4 will be approved first and is valid for 2 years. If CompanyA h4 approved after that then approval will only 1 more month. Now, with the latest I94, my dependents stay will be valid one month.

I am unable to find any write-up on this.

Thank you,
Ganesh

You can get a new i94 using the company B’s approved H4 i797 if company A’s approval shortens the i94.

Hi Anil,

How are you?

My spouse H1B extension is approved by USCIS for 3 years with old employer A

My spouse H1b transfer petition with employer B , is not approved by USCIS and still in progress

H4 and H4 EAD petition USCIS decision status still pending which was filed during H1B extension with old employer A

1)Do we need to file again H4 and H4 ead with new employer B if old employer withdraws H1b petition?

2)Also will USCIS issue same 3 years H1b validity period for H1 b transfer petition if approved?

Hi @mkr2383

Please read above.