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-   Priority dates transfers and Post 140-approval options (https://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/)
-   -   H1B Transfer with H4 EAD (https://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/3096660-h1b-transfer-with-h4-ead.html)

suyashbajpai 01-11-2016 06:27 PM

H1B Transfer with H4 EAD
 
I am on H1B (6+ years, 2 years left on H1B, I-140 Approved). My wife just got her H4 EAD approved based on my approved I-140. I am wondering if I can switch my H1B to a new employer and still have the H4 EAD valid. Or will she loose her work permit if I switch H1B to a new employer. My new employer will file for Labor and GC right after the H1B is transferred.

Bazinga 01-11-2016 06:56 PM

+1 to the question
 
I am wondering similarly. Folks who have switched recently and have a spouse with an approved H4 EAD from the previous employer - it would be awesome if you could share your experiences.

DMX17 01-11-2016 07:09 PM

Ask company lawyer. But here is my opinion.

The H4 EAD is valid until the date shown unless DHS revokes it and sends you notice.

So you have two choices:

1) Apply for H4 EAD renewal again with H1/H4 extension with new employer (costs money $400)
OR
2) Do not apply for H4 EAD renewal now and apply for it 120 days before the current one expires. Unless DHS revokes H4 EAD, the current one should still be valid as long as the H4/H1 status is maintained.

From USCIS FAQs:

6. What happens to my employment authorization if USCIS revokes my H-1B spouse’s Form I-140?

We have the discretion to revoke your employment authorization if your H-1B spouse no longer has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for you to be eligible for employment authorization under 8 CFR 274a.12(c)(26).

suyashbajpai 02-16-2016 07:47 PM

H4 EAD and H1B transfer
 
Is there any way to confirm whether or not USCIS will revoke H4 EAD if I transfer my H1 to another employer. Her H4 EAD is valid till Dec 2017.

pandhi 03-05-2016 02:52 AM

Hi has anyone tried to transfer h1 and h4 ead after i140 approval? Please share your experience. I am in same boat.


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