H1 Transfer and H4 EAD


Thirumoorthy

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Hi,

I have an approved I140 and my spouse has H4 EAD approved till Sep 2021 and currently working.  I have a new employer who is ready to file H1B transfer for me based on I140 (maxed out scenario) but I may have to move with receipt notice. Let's consider that my current employer revokes my H1B in couple months and no decision is made on my transfer application yet. In this case, is my spouse still eligible to continue working on her current H4 EAD ( valid till 2021) until a decision is made on my transfer case? Please advise.

I understand that H4 is valid as long as I have a valid H1 but am not clear how to consider this period between earlier H1 being revoked and new H1 is still under review. 

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On 2/14/2019 at 3:19 PM, Thirumoorthy said:

Hi,

I have an approved I140 and my spouse has H4 EAD approved till Sep 2021 and currently working.  I have a new employer who is ready to file H1B transfer for me based on I140 (maxed out scenario) but I may have to move with receipt notice. Let's consider that my current employer revokes my H1B in couple months and no decision is made on my transfer application yet. In this case, is my spouse still eligible to continue working on her current H4 EAD ( valid till 2021) until a decision is made on my transfer case? Please advise.

I understand that H4 is valid as long as I have a valid H1 but am not clear how to consider this period between earlier H1 being revoked and new H1 is still under review. 

She can continue to work as you will be in valid status even during the receipt period.

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