Fate of H4 EAD in H1b transfer with approved I140

Hi Anil,

I know similar case questions have been answered here but there are always some nuances in each case. Here’s mine -

  • Husband’s employer sold a company and wants to get him transferred to his new company.
  • Husband h1b expires Sep’20 with old employer
  • My H4 EAD expires Sep’20 and I’m working with a good company so don’t want to loose this job
  • Our i140 is approved (old employer) - been 180 days

Now if we initiate his transfer, can I still retain my job on current EAD? Can he have parallel status - new h1b application and valid old h1b?
Can I get my h4 EAD extended on old company with my husband on new company? Old company will not have any income in books.
Will GC need to be reapplied? If yes, what’s the status of my h4 EAD then?

Basically, if there is any way I can still have a continuing valid h4 EAD under any route, we’d like to follow that since it’ll be a huge setback for us.

Thanks for helping.

H4 EAD stays valid and can be used as long as the primary H1B status is maintained. The H4 EAD card stays valid till the date printed on the card.

Do not worry.

When your spouse files H1B transfer, you can also file H4 and H4 EAD along with it. If the H4 EAD is valid for longer term, then you can even avoid filing H4 EAD with transfer.

You can then file H4 and H4 EAD extension later.

Thanks Anil. To my limited knowledge,transfer is not so simple as h1b+h4+h4 ead transferred plus extended for foreseeable future when we’ll have to apply for GC with new employer and go through the long PERM and i140 again (although we can keep the priority date) during which EAD would expire and there’ll be no recourse unless I’m misinformed.

Offcourse, For GC, you will need a new PERM and i140 if you want to file i485 with new company.

Hi there,

Here is my situation and any thoughts will be helpful.

H1B Visa Status - Approved Visa and Visa Expiry Date - Sep 2020
H4 Visa Expiry Date - Sep 2020
H4 EAD Expiry Date - Sep 2020
Approved I140

Scenario: H1B transferred to the new employer Jan 2020
H4 EAD is valid till the end date and as long I140 from the previous employer is not revoked.

What are the options for H4 EAD renewal?

Can you renew H4 and H4EAD based on the I140 from the previous employer 180 days before expire(Sep 2020)?
or
can you renew H4 and H4 EAD when H1B is transferred? (I doubt because the current H4 EAD is valid and it won’t be possible to renew)
or
any other options?

It will take at least one year to get I140 from the new employer

Hi @vr1234

You can keep using the i140 if your spouse left the employer after 180 days of i140 approval.

No need to worry. The i140 stays valid and you can use it for H4 EAD or H1B extension.

can you renew H4 and H4 EAD when H1B is transferred? (I doubt because the current H4 EAD is valid and it won’t be possible to renew)

You can file H4 and H4 EAD along with H1B transfer.

Are you sure?
Eventhough current H4 EAD is not expired, can you renew H4 EAD with H1B transfer?