H1B Transfer, h4 Extension and H4-EAD together in same application

I would really appreciate if you or anyone else can answer my doubts.

I am on H1b with approved I140 and H1 maxing out on 27-April-2018 (I am still within 6 years and my H1 has not been extended beyond 6 years based on I140)

I am changing employers and my new Employer is applying for my Visa Transfer and Extension(in Premium based on my approved I140) + Wife’s extension + Wife’s EAD.

  1. Since H4 EAD application is based on approved I140, Do I need to send only my I140 approval copy.
    OR Do I need to send all my previous i797 approval copies, I94, etc.

  2. What should i fill for Q22 since this H4 EAD is being filed along with H1 and H4 extension.

    Should I leave it blank or Should I enter my last I797 approval receipt no. I am worried that entering my last i797 approval no will cause the h4 to be adjucated only till April-2018

  3. My I140 is already past 180 days of approval.

    There was a rule passed which says that i140 which have been approved for more than 180 days will continue to remain active even after employer withdraws/revokes.

    In case h4 ead is adjucated after 6 months, then my current employer would have definitely withdrawn my I140 by then.

    Does it means that the I140 will still remain active for the purpose of H4 EAd approval?

Thanks a lot

  1. The documents required to be submitted with H4-EAD application are mentioned here in detail:

Please go through them.

To answer your question, Only most recent H1B i797 approval copy is required.

Since you are filing all applications simultaneously, you do not have the most recent i797 approval and hence it is not required.

  1. You have to write ‘concurrent’ filing or leave it blank. Your choice.

  2. Yes, as per new rule, i140 stays active for the beneficiary even if employer withdraws it, unless USCIS finds any fraud.
    So, you are safe and your spouse will get H4-EAD based on your old i-140.


What was your final decision and outcome in this regard? Also I’m not sure how your new employer can file your H1B extension without you transferring your I-140 to them.


Hi @hds6825

This question was asked anonymously as the person who asked did not want to show his identity. They may never come back to answer your follow up question.

Anyways, to answer your question, H1B extension can be filed using an old employer’s approved i140.

i140 is NOT transferred to new employer when you change job.

New employer has to file their own i140 but you can use the old i140 to port your Green card priority date.

Does that answer your question?

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A post was split to a new topic: File H1B transfer while H4EAD pending with USCIS

Thanks for the answer!

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