H1B + H4 Extension/ H1B Transfer

Hello,

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.

Thank you very much in advance!

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?

Thank you so much in advance!

This is okay.

There is no math around this. USCIS is very unpredictable with approvals and you will need to look at the processing time for specific centers.

Hi @Kalpesh_Dalwadi ,

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?

Thanks in advance!

This should be okay.

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