I am on H1B and in US. My husband and child are in H4 and in US too currently.
My 6 years already passed in H1B and I am on my 7th year right now.
The I-140 has been approved (2 years back) by the current Employer-A and the last extension happened based on the I-140.
The current H1B and H4 are approved (I-797) till Nov 2022 but visas are not stamped as we haven’t visited to India recently.
I am planning to change the employer (Employer-B).
The Employer-A will definitely withdraw the I-140.
I am clear on the part that I can keep on getting unlimited H1B extensions based on the Employer-A’s withdrawn (but not-revoked) I-140.
Now I need to get more clarifications on the H4 part.
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The Employer-B said they will file the H4 once I get the H1B approval (PP). H1B already filed in PP. In this case can H4 be in premium processing (No EAD)? If not, approximately how long it may take to get the approval of H4 based on the new H1B?
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Employer-B said, USCIS is no longer processing the dependent’s extensions along with H1B transfer under PP (although they would do this in the past). So, H4 cannot be premium processed with H1B. - Is this correct?
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During the processing of the H4, if my husband and kid will travel to India - what will happen? Please note the H4 are approved (I-797) by Employer-1 till Nov 2022 but visas are not stamped.
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H4 EAD is not in picture in my case.
I am bit worried at this uncertain situation - that is why I am asking for your help.