H1B transfer approved after extension denial - H4 EAD status

USA
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1

My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020.
We have sent H1B+H4+H4 EAD in the same packet.
We received RFE for H1b after upgrading it to premium processing the month of October.
Submitted the response for RFE in the month of December.
Received denail notice for H1 extension in December.
H4 and H4 EAD are still in pending state as of today.

Now, as the current petition is still valid, we applied for a H1 transfer to employer B in preimum processing in the first week of Jan.
Sent H1+H4 applications in the same packet.
received approval for H1 transfer within 5 business days.

My question are:

  1. As, H4 and H4 EAD applications sent in the same packet for extension are in pending state.
    What will happen to these applications, will both of them be denied.

  2. Will the H4 EAD application pending, consider the new H1 transfer and provide the decision.

2

Hi @sirishar

My suggestion is to apply H4 EAD again using your pending H4 transfer receipt number.

The chances are high that your pending H4 extension and EAD will be denied as H1B extension was denied.

It depends on USCIS officer. They may or may not be able to connect your transfer to your pending H4 and EAD.

3

Thanks Anil for the suggestion, will send out a new H4-EAD application.

4

Updating the thread with the response received by USCIS:

My H4 and H4-EAD applications are denied and the below are the reasons stated in denial notice:
For H4:
As the primary applicant’s H1B extension is denied, they have denied the H4 extension stay.
For H4-EAD:
As the applicant does not have a valid H4 status, they are denying the EAD application.

The processing officer, could not link the H1 transfer to pending H4 and EAD extension’s as stated by @Anil_Gupta.

5

Thanks for sharing your case update. Sorry to hear about your case denial and glad that i could help.