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Captain Haddock

Eligibility of H4 EAD to continue working when the primary H1-B is in transfer.

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Hello,

I need some information regarding H4 EAD while primary H1-B transfers to a new employer.

I'm here on H1-B with an approved I-140. My spouse is working with H4 EAD. If I change employer now, my H1-B transfer will need to be initiated.

Questions:

1. Can my spouse continue working on the current H4-EAD while my H1-B transfer is in progress?

2. Can I submit, H1-B transfer, H4 and H4 EAD applications together?

3. I guess, my new employer will have to apply for my PERM and I-140 again but can use the existing priority date? Can my spouse continue to work with her existing EAD or will she have to quit her job and wait for my new I-140 to be approved?

Please correct me, if I have stated anything inaccurately in my questions. Looking forward to your responses.

Thanks

Edited by Captain Haddock
Added more information on one of the questions

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1 Yes

2 Yes

3 Yes, priority date can be retained when new PERM/I-140 are applied. Your spouse can continue to work on EAD while all these are in process. no need to quit employment.

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