Will H4 EAD stay valid if I don't join new employer after H1B transfer and H4 EAD approval?

USA H4-EAD
1

Company A i140 approved

I am working in Company A on H1B. Company A filed for i140 and it is approved. I have not filed H4-EAD for my spouse based on approved I-140.

H1B transfer, H4 and H4 EAD filing

I got an offer from company B and they agreed to file for H1B, H4 and H4-EAD based on my approved I-140.

They have filed in regular processing as premium processing is suspended.

I plan to join company B only after my new H1B is approved.

Will H4 EAD stay valid if I don’t join H1B transfer employer?

After new H1B, H4, H4-EAD is approved if I decide not to join company B would the approved H4-EAD still be valid?

2

H4 EAD will stay valid

H4 EAD will stay valid irrespective of your decision to join employer B or not.

H4 EAD is issued based on i140 approval and it is NOT attached to any employer.

3

Thanks a lot Anil for the quick response.
I had couple of follow up queries, can you please clarify this as well.

  1. My H1B validity with current company is until Oct 2019. Based on my approved I140 new employer has filed for H1B transfer validity period until Oct 2021. So if H4-EAD is approved it will also be valid until Oct 2021. But if I don’t join company B then the validity of it still remains until Oct 2021 (assuming I maintain my H1 status and my spouse maintains H4 status until Oct 2021)?

  2. If H4-EAD is approved then the approval notice and EAD card will be mailed to the attorney’s office of the new employer. If I decide not to join company B, then is there a way to get the EAD card mailed to my address from USCIS or do I have to just request the attorney to mail me the documents.

4

H4 EAD will remain valid if you maintain H1B status

Yes, H4 EAD will remain valid till it’s expiry date as long as you maintain the H1B status irrespective of H1B employer.

In you case specific case, yes, H4 EAD will remain valid till Oct 2021 if you keep your H1B status intact.

H4 EAD card mailing address

Card is mailed to the mailing address given in the H4 EAD application.

I strongly suggest to fill your own address on the form.

If you are giving attorney address, then it will go there. You will have to request attorney to send it to you.

If attorney or employer do not give H4 EAD card to you, you can request a replacement card by filing H4 EAD application again.

File H4 EAD yourself

You can file H4 EAD yourself at this time and avoid all the hassle with new employer if filing H4 EAD is your sole purpose.

Here is the step by step process:

5

Thanks Anil. Appreciate your quick responses and suggestions.

The new employer has already filed for H4-EAD along with my H1B. And looks like attorney will receive the EAD card.
Can I file another H4-EAD application myself while another application (filed by new employer) is still be processed by USCIS?

6

You can file another one but it’s not really of any use.

You will file with your current H1B approval which has short validity and you will get H4 EAD, if approved, with short validity too.

It’s your choice.

7

Thanks Anil.
Yeah, I realized about the short validity period and hence thought it would be better to file with new employer. But I overlooked the mailing address part. I will just wait and if I decide my new employer then I have no issue and in case I don’t I will try to request the attorney.
Thanks for your help.

8

Sure. Let me know if you have any questions.

9

Hi Anil

Is this scenario still stands good ?

Say if i have valid H1 status with my current employer but i did not join my H1 transferred company and H4 EAD born out of that is still valid . Can I use that H1 transferred EAD provided I am maintaining my H1 status

please let me know