H4 EAD filed with H1B transfer, got RFE for filing 180 days before expiry

Hi Anil,
Need your suggestion. Here are the details. I have filed my spouse H4 EAD which is valid next year (more than 180 days) along with H1B Transfer & H4. Both H1B & H4 (after bio metrics) got approved and USCIS issued an RFE on H4 EAD . The RFE is , As per USCIS records you have valid H4 EAD and you applied H4 EAD before 180 days. My attorney replied to that RFE with detailed letter by attaching approved H1B & H4 copies.

  1. What are all the chances approving H4 EAD ?
  2. Current H4 EAD validity will enter into less then 180 days next month(01-Sep-19). Do you want me apply new H4 EAD application with all approved copies of H1B & H4 forms for safer side ?

The reason I am asking is, My current H1B is valid next 3 years and don’t want lose the H4 EAD. Please do suggest. Appreciating your response.

Thanks,
GK

Normally, we have seen that USCIS does approve H4 EAD if you file it concurrently with H1B Transfer.

This is probably the first time someone has got the RFE.

I think your H4 EAD should be approved.

Did you file all 3 applications together i.e. H1B + H4 + H4 EAD?

Was it premium? Which service center is it?

Hi Anil,
I have filed all three applications together in a premium mode and service center is Vermont.

  1. Initially H1B got approved in a week since it is premiuem.
  2. H4 got approved after three months of Bio metrics and same day issued RFE on
    H4 EAD

Thanks,
GK

Hi @gk1999

Looks like this could be a new trend that USCIS is starting or yours is a one off case.

Normally, we have seen that USCIS approves H4 EAD for full 3 year term if filed with H1B transfer even though the current card expires more than 180 days in future.

Hi Anil,
you are right. But first time I am seeing this type case. Do you want me wait for USCIS decision or apply for another card parallel for safer side ?

Thanks,
GK

Hi @gk1999

I suggest to wait for the result.

Thanks Anil for your guidance. Good news is, EAD got approved today and awaiting for approval notice as well as card.

I have a small question which is related to H1B Transfer. My spouse employer filed her H1B petition in this year and awaiting for approval from USCIS. Can we transfer to new employer based on receipt number ?

Thanks,
GK

Hi @gk1999

You cannot file H1B transfer until the H1B is approved.

Thanks Anil for your prompt response. Sorry to bug you .One more last question. Let us assume if the CAP H1B is approved on or before September 2019. Can we transfer to new employer before October 2019 and start working October 1st onward’s with new employer.

Thanks,
GK

Legally, you can file the H1B transfer before Oct 1 but these days it is very risky. I strongly suggest to file a transfer on or after Oct 1.

Thanks Anil for your response

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Hi Anil,
Need your valuable suggestion. As I said earlier , my spouse H1B got selected in a lottery this year (2019) cap quota and noticed today wrong DOB was printed on I129 receipt notice. Since my spouse has valid H4 EAD , USCIS printed existing and correct alliance number on I129 receipt notice.

Today we have informed the same to our attorney. Is there any issue to get approval of H1B with this correction ?

Thanks,
GK

Hi @gk1999

I don’t think there should be any issue if you can get the error fixed.

@gk1999

I need your cents on my case as mine will be same situation.

My spouse does have I-140 approved for more than 180days and recently he got an offer so planning to transfer h1b. Our validity for h1b and h4/ead is till 12/2020 (so have more than year left).

As I am on h4 EAD and currently working but need to understand how to proceed with EAD extension. Is it possible if all h1/h4/h4 EAD can file together before 180days ead renewal clause? Is there any consequences to go in this route?

Also, there are chance that once spouse moved to new employer then old will revoke h1b and I140 so any way will get EAD extension after revoked ?

Please help.
Thanks

Hi @Purna.5458

You can file all 3 together before 180 days of expiry with H1B transfer. This is allowed.

H4 EAD is not dependent on employer. Hence, when the employer withdraws H1B, H4 and H4 EAD applications are not withdrawn.

So it would be same case even i140 revoke by old employer? Will be eligible to get extension even it’s revoked ?

Offcourse. That’s what you asked and that’s what i answered.

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