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.
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.
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?
After the new biometric requirement for H4 (introduced in Mar 2019 by USCIS), there is no use of filing H1B + H4 in premium together. H4 is processed in regular timeline anyway.
Hi,
I moved to H1-B (non-cap) visa while my H4 and EAD extension cases are still pending.
Now I received my H4 biometrics appointment, Is my H4 and EAD cases still valid?
What happens to H1-B, if my H4 got approved?
My current employer filed for my H1b in premium and H4 and H4 EAD for my wife. My H1B is approved but my wife’s H4 and H4 EAD are currently pending (they have been pending for 130 days at this point).
Now I am switching to a different job and wondering what is the best approach to deal with H4 and H4 EAD:
Which would be the faster and recommended way to get the H4/EAD approved?
Hi @anil_am22
My wife’s H4 and [H4 EAD] are pending with employer A and I am planning to switch to employer B.
If employer B files a new H4 and H4 EAD petition along with H1B transfer, what happens to the existing H4/H4 EAD petitions filed by employer A? Do they become invalid as a new petition is avaialble, or will both be adjudicated independently?
My wife’s standalone H4 EAD application is pending decision. Now if I change my employer can I file concurrent H1B, H4 and H4 EAD? What will happen to standalone H4 EAD application?
The above chain covers your scenario but to answer your question, yes it is recommended to file the H4 extension and H4 EAD along your H1B transfer.
There are so many different scenarios with this one.
If the ex-employer will revoke H1B, H4 EAD will be denied.
If H1B is not revoked and meanwhile you also file H1B transfer along with H4 & H4 EAD, and your old H4 EAD application is still pending, the adjudicating officer should be able to see that you have new H4 & H4 EAD applications with primary’s H1B, so chances are your old H4 EAD application may be denied or RFE will be raised which you can ignore and not reply to and the case will be denied automatically for the lack of no response to the RFE.
If H1B is not revoked and your H4 EAD gets adjudicated before the H1B transfer, H4 & H4 EAD applications make in to the USCIS system, the old H4 EAD application may be approved with validity inline with the old H1B. Once your new H4 and H4 EAD is approved, it will override your old approved H4 EAD and you can present the new EAD card to your employer.
Hi,
My spouse and I both have expired visa of employer A in passport.
We have both received our respective H1B and H4 I-797 extension for next 3 years.
I also have my I-140 approved for more than 8 months now.
Recently applied for spouse EAD and processing time is estimated to be 7-8 months.
If I change my job during this period and transfer H1B to employer B, is the current pending EAD application for my spouse cancelled/denied?
A) What is the best way to avoid EAD problems?
B) Also, if I decide to switch to employer B after spouse receives EAD (8 months down the line) what kind of transfers/applications will be required for my spouse? Reminder H4 I-797 is valid for 3 more years