File H1B transfer while H4EAD pending with USCIS

Hello @Anil_Gupta ,

Thanks for your prompt response. You definitely clarified my doubt.

I have two more questions -

  1. I have a H1B and I-140 with my current employer and I file for a H4 EAD for my wife. At the same time, I file for H1B transfer to a new employer. Does that jeopardize H4 EAD or my H1B transfer? Do the H4 EAD approval team see me as a guy who’s going to jump the ship soon after the H4 EAD is approved since in their system they may be able to see that I have also filed for a H1B transfer?

  2. Assuming I don’t start working with my new employer till the H4 EAD is processed and after receiving my wife’s H4 EAD I start working with the new employer with the H1B transfer receipt, is that a wise decision or is there still a risk of H1B transfer denial? What would you suggest.

Thanks!

H4 EAD result does not affect H1B transfer

Pending H4 EAD does not affect H1B transfer process or application result.

You can join your new employer if you want.

The only caveat is if your current H1B employer withdraws your H1B after you leave, you might get an RFE on H4 EAD application.

So, it is better that you actually wait for H4 EAD result before joining.

@Anil_Gupta

Thanks for the response. A couple of questions -

  1. As far as what I’ve heard, RFE is no more offered by USCIS since September 1, 2018, correct? So in the above response, my H4 EAD will be denied if I join my new employer on H1B transfer receipt, correct?

  2. Also I’ve read several threads wherein an applicant has filed H1B Transfer, H4 transfer and H4 EAD together in Premium processing. Though H1B transfer and H4 transfer can be processed in Premium, I think Premium processing does not exist for H4 EAD, correct? So in that case, H4 EAD will take it’s 5 month duration for processing, correct?

  3. I’m citing a response on a conversation regarding concurrent H4 EAD and H1 transfer here. See snapshot below -

Snapshot

Based on the above snapshot, what I understand is USCIS will make a decision on the H4 EAD application materials based on when the application was received I.e. Application Date. So in that case, if I start working with a new employer on H1B transfer receipt after the H4 EAD application has been received and acknowledged by USCIS, will my spouse’s H4 EAD application be approved?

Look forward to your response!

H4 EAD denial with RFE

No, your information is not complete.

USCIS can deny your H4 EAD without RFE but it is not 100% guaranteed that they will do it.
Normally, they will issue an RFE if they feel that some document like an updated H1B approval is needed to process H4 EAD.

You are un-necessarily thinking too much about it.

H4 EAD application result is based on your approved H1B

Your approved H1B and approved i140 will be taken into account when taking a decision on H4 EAD application.
This H1B is offcourse the one that you were holding at the time of filing H4 EAD.

H1B transfer and joining new employer may trigger H1B withdrawal by old employer

Think of a scenario where your OLD employer withdraws your H1B petition (which you submitted as a proof of H1B with H4 EAD), before H4 EAD reaches a result.

In this particular scenario, USCIS may issue an RFE and ask you to submit valid approved H1B.

If your H4 EAD is approved before your old employer withdraws your H1B, you are fine.

Thanks for your prompt response. You are right, I’m overthinking and getting worried too much since the immigration scenario is getting tighter and feels like a lot of doors (like H4 EAD) are closing very soon. Just few more follow-up questions -

  1. Based on your responses, I will go ahead and apply for my spouse’s H4 EAD. In two month’s time I may have to transfer to a new employer on H1B receipt, I assume I will have to respond to H4 EAD RFE at that time. Is there a way, I can update documents for an existing H4 EAD case under processing with USCIS? Or do I have to wait for USCIS to make a decision?

  2. I’ve read several threads wherein an applicant has filed H1B Transfer, H4 transfer and H4 EAD together in Premium processing. Though H1B transfer and H4 transfer can be processed in Premium, I think Premium processing does not exist for H4 EAD, correct? So in that case, H4 EAD will take it’s 5 month duration for processing, correct?

Send updated H1B documents to USCIS for H4EAD

You cannot send updated documents to USCIS on your own.

The only way to submit updated documents is when they ask using RFE.

Filing H1B transfer, H4 and H4 EAD in premium

Please note that Premium processing feature is ONLY available for H1B applications.

When you file H1B, H4 and H4 EAD together with premium processing upgrade for H1B, USCIS processes all 3 in premium timeline as a courtesy.
USCIS may or may not extend this courtesy to everyone but usually does it in 95% of cases.

H1B transfer premium processing is currently suspended

At this time, H1B premium processing has been suspended, so you will not be able to file it in premium.

Be careful with your decision to move to new employer without premium processing as it would take a long time to get result.

Regular H4 EAD processing time