H4 EAD remains valid if spouse applies for H1B transfer?

USA H4-EAD
1

I am currently on H1 and my wife is working on H4 EAD.

If I switch jobs, will I have to apply a new H4-EAD for my wife or she can continue to work on the current EAD and apply for an extension when time comes?

2

H4 EAD remains valid during H1B transfer application

H4 EAD remains valid as long as the H4 remains valid.

H1B job change does not affect H4 and H4 EAD validity. You do not need to apply for H4 extension and H4 EAD renewal when you change your job and apply for H1B transfer.

The only thing to consider will be the different validity dates for H1B and H4 in this case as you might get new H1B validity with your H1B transfer application which may not be in sync with H4 approval.

So, you can apply for H4 extension (and H4 EAD renewal) as and when they expire.

3

Hi,
Can someone suggest the below scenario.

My I-140 got approved and
I am with company A and my H1B transfer got approved till Dec,2021, last month in premium process.

I have filed H4 extension along with H4 EAD to my spouse. For H4 extension she gave finger prints and its in Review status. EAD also has status application received.

Question:

  1. I heard now a days for H4 and H4 EAD is taking nearly 5 months to get it approved even if H1B filed in premium.So in mean time if I want to transfer to company B then what about the current H4 transfer and H4 EAD? Will it be cancelled as I will put transfer to company B?

  2. If you say, its independent to company and its not cancelled then If company B apply for I-140 then it may take around 1year to get it approved and then needs to process for H4 EAD so can she still work on first company approved H4 EAD?

  3. If its cancelled then Do you want me to wait until company A H4 and H4 EAD got approved and then needs to transfer to company B?

Bit confusing whether I need to move to company B or not. Considering my spouse career is priority so Appreciate your quick reply and correct guidance. Thank you!

4

Hi @nareshp

Your question has been answered above. Please read.

5

Thank you Anil for quick reply. But in my case H4 and H4 EAD not yet approved for dependent and mine is approved and if I want to change to company B then do I need to apply H4 again? If I want to transfer will that in process H4, H4 EAD cancelled?

6

Hi @nareshp

It is your choice if you want to apply again or not. The pending H4 and H4 EAD application can continue its processing even when you move to different employer.

7

Thank you very much Anil for the response :handshake: