Situation - My current H-1B expires in 7/2022. My employer has filed H-1B extension in 4/2022 (For some reason they do not file concurrent H-1B+H4 application). My wife’s H4 and H4 EAD also expires on the same date of 7/2022 (She is currently working). I am planning to switch to a new employer in next couple of months.
We want to get my wife’s H4+H4 EAD as soon as possible and I want to know what is the preferable fastest option out of following three.
Option 1 - File premium processing for H-1B extension with my current employer. Once I get I-797, file my wife’s H4 and H4 EAD application together.
Option 2 - Do not file premium processing for H-1B extension with my current employer. Once I get I-797, file my wife’s H4 and H4 EAD application together.
Option 3 - Do not file premium processing for H-1B extension with my current employer. Switch to a new employer and transfer H-1B + H4 (I think usually new employer will ask if you want to transfer a dependent H4 or not) to the new employer and once we get H4 notice, file H4 EAD.
We are confused considering the premium processing amount ($2500) involved and we want to make sure our H-1B and H4 mostly stay in sync.
Here is my suggestion so that your spouse H4 EAD can be auto-entended for continued employment.
When you transfer your H1B in couple of months from now, file using PP.
Once approved, get the H4 I-94 extended at Canada or Mexico border by travelling within 10 days of H4 I-94 expiry so that the H4 I-94 will be extended with same validity as H1B. Otherwise if you travel more than 10 days in advance, H4 I-94 will be extended for 3 years and the expiry may be a bit early than your H1B.
Once H4 I-94 is extended, file H4 EAD online and this will give 180 days automatic extension from the current expiry date and your spouse can continue the employment.
@Kalpesh_Dalwadi Thank you for answering the question.
This is what I am thinking. Can you please let me know if it is a good strategy?
Currently expedite my H-1B extension using PP via my current employer. Once I receive my I-797, apply for my wife’s H4 and H4 EAD together. And travel Canada/Mexico within 10 days of H4 I-94 expiry. The only reason behind doing this is to not wait on me to switch to a new job and then file H4+H4 EAD extension.
Also do you know if filing H4+H4 EAD together has an advantage over filing them separately? Which one is faster?
I have a follow up question. I received my H-1B extension (till 2025) from my current employer as I have filed it in premium processing. I received a job offer and my new employer is filing H1-b transfer (in premium processing) along with my wife’s H-4 extension but I have a probability where I will not get I-797A from my new employer before 7/26 which is the expiry of my wife’s H-4 visa and H4-EAD.
Can I visit the Mexico border with my current employer’s approved I-797A between 7/16-7/26 for my wife’s new I-94? Will there be any issue since my H-1B transfer from my new employer will be in process at that time?