3 posts were split to a new topic: Can biometrics from withdrawn h1 petition be used for h4 extension pending from current employer?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.
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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.
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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.
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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.
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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
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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
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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?
Urgent h4/ead related:
My spouse H1 got approved recently from current employer but my h4 and ead is still pending .He got his H1 approved for 2 years.He is planning to transfer to another employer B .
My question is if he change employer ,will my existing h4 and ead be processed or it will be stopped ?.Do i have to apply again from scratch from company b?
Hi @Anil.Gupta
Need your advice for below query:
My spouse H4 EAD is valid till 04/04/2021. I changed my employer and my H1 Transfer is approved only till 12/31/2020 and my spouse H4 transfer is still in process.
My employer has asked me to file for H1 Amendment and Extension. Am I eligible to file my spouse H4 extension and H4 EAD extension at this time?
Hello ,
I am in the same boat as yours .My spouse H1 approved from employer A for 2 years but my h4 and ead pending .I have already waited 4 months since receipt date.
Now ,my spouse is planning for H1 transfer to employer B .What will happen to my h4 and ead if employer A revokes h1 ?Do I have to apply for fresh h4 and h4ead again and do i have to wait for 6 months again from start ?
Please help ,very bad situation.
Hi @Annesha_Singh and @Navneet_Jain
You both can and should apply H4 and H4 EAD again as per my opinion.
Hello all,
Primary applicants i140 is approved also the previous extension applied has visa validity for both h1b & h4 until may2021. Now planning to apply standalone EAD based on current visa validity.
- primary applicant is switching job so while EAD is in progress h1b Visa transfer will be done and also a fresh h4 will be applied with the new employer. Will this affect EAD process?
- if applied now will be getting EAD for three years or until May 2021?
Please review and approve this posting
am planning to do H1 Transfer from Company A to company B.
Company A Filed H1 / H4 & H4 EAD - H1 APPROVED But h4 and h4 ead in pending status for 3 months.
now Planning to move to Company B.
- Can we apply ?
- Is it advisable to do File H4 and H4 ead with my h1 Transfer.
- if we file what would be case of existing applications. ?
Hello - I have filed H4 extension and H4 EAD new petition for my wife and is currently in progress with USCIS. Bio-metrics is completed and it is updated in case status. My H1 extension got approved with current employer recently (Sep 2020) and it is valid for another 3 years.
I am planning to move to another employer and is process of filing H1 transfer. Should I file H4 and H4 EAD again for my dependents while one is already pending with USCIS? What would you recommend?
Greetings,
We filed H4 and H4 EAD with my previous employer just 50 days ago and I am supposed to join a new employer next week. What happens to the pending H4 and H4 EAD applications ? Will they keep active and follow its due course ? Or is it necessary that we re-do both of them with the new employer ?
@anil_am22 for your attention please.
Hi… My husband is on H1B with approved i140 and he wants to transfer H1. My H4 change of status along with EAD application are in processing at USCIS since July 2020. If he transfers to another employer, will my H4 change of status and ead applications be discarded or continue processing?
Hi, My i140 approved in Dec 2020. H1b and H4 visa valid till June 2022.
We filed my spouse H4EAD in mid Jan 2021, we are expecting H4EAD card by Oct 2021.
If I change my employer around July 2021. Will changing employer effect the current H4 EAD application assuming current employer will not revoke i140.
Thanks in advance for any answer/suggestion!
Along the same lines…
H1B’s I-140 approved more than 6 months ago. Spouse is currently in USA with H4 visa. I applied for her H4 EAD early Feb. (Receipt not yet received). Now if I switch employer what would be the impact on H4 EAD? (because I believe I need to transfer my spouse H4 visa along with my H1B transfer)
And in general, company does the H4 EAD or applicant?
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,
Your posts have been very helpful. Thank you. But for I need some more clarification for this particular statement. We filed H1b + H4 petitions together with H1b in premium. ( there is no premium for H4). I got my H1b approval in 15 days. But our lawers say H4 will take 10 to 14 months. So I don’t think filing both application together and h1b in premium will help h4. Am I missing anything here?
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