When a H4 & H4EAD petition is in progress, is H4 transfer required along with H1B transfer?

My H1B and my wife’s H4/H4EAD stamped until Sep 03 2019 (Expired now). However, My H1B is renewed till SEP 2022 via premium, while my wife’s H4 & H4EAD petition is still under process due to biometrics normal-process.
To summarize, i have approved I-797, wife has a I-797 case receipt for her visa/ead.

Issue:

  1. If I get a H1b transferred to another company should my wife get her h4 and h4-ead transferred too?
    Please note you mentioned earlier , no transfer required if H4 is approved, but here the petition is in progress since April 1st

Hi @Graj

My answer remains same. H4 and H4 EAD do not need to re-filed if you file H1B transfer even if the H4 and H4EAD are currently pending.

Thank you @Anil_Gupta. I’m sure this is a repetition but i’m gonna ask you one last question to cement the misconception for good.

  1. The H4 and the H4EAD have expired (since last week),
  2. The H4/EAD extension petition is in progress with Current employer(Not yet approved)
  3. Even if i join a new employer and transfer my H1B, i do not need a H4 Transfer for my wife- Is that right?
  4. How will her H4 & H4EAD petition be linked to my new H1B receipt number after the h1 transfer? do i have to submit any case petition?

Thanks a ton for your reply!

Hi @Graj

H4 and H4 EAD are individual applications filed by your wife and not your employer. They are attached to your H1B status and not your employer.

USCIS can approve those even when you have moved on to a new employer with transfer.

If USCIS has any doubts, they will send an RFE and ask for your new H1B i797 approval.
At that time, you can submit the new i797.

There is no need to send the transfer approved i797 to USCIS explicitly.

Hi Anil,

I have a similar question what if H1 transfer is also pending with Employer A and trying to Join Employer B ? Does H4 extension need to file again or can wait for the H4 extension filed at the time of H1 transfer with Employer A ?

Hi @Bob

The answer remains same as i have answered earlier. Pending H4 extention stays valid even if you keep changing employers.