H4 EAD to H1 B

[rt123]

Hi 

I am on H4 EAD valid till 2020. I have filed my H1B this year and it got picked up in Lottery. I am looking for Employment change now  . 

Please clarify me on the following:

• Can i get my H1B transferred to new employer before it gets approved?
  • If so, How long it takes?
  • how about if gets RFE, what is the process?
• Can i join the new compnay on my H4 EAD and parelly initiate my H1 B transfer to new employer?

Look forward for  your response. Thank you in advance

 

Regards,

 

 

[JoeF]

An H1 first has to be approved, and even then it can only be transferred after you have started working for the original employer on the H1.

A pending H1 can never be transferred.

[rt123]

Thanks Joe for your response.

I filed H1b and I received RFE now. I don't have the project for which i filed my H1 B .  

 I am on H4 EAD now and  i got a full time position with another company on my h4 ead and they are ready to file my h1 b for next year. 

My question is 

1. can i with draw my H1 B petition and file next year ?

2.  If i respond to RFE and apply direct transfer to new company what are chances of approval ? what if it gets rejected ? will i loose my h4 ead status ?

Can I anyone please help ?

 

 

 

[pontevecchio]

Your current H1 petition is gone. Work with the H4 EAD and if the employer wishes they can file a H1 for you next year.