Impact on currenet H4/H4-EAD due to Employer change

[vamcch]

Hello,

Looking for a suggestion on immigration situation. I am working for a desi consulting firm on H1B with valid visa for 2.5 years more. My wife is having H4 & H4-EAD approvals as well and working. Now I am considering joining full-time either to an End client or a big firm. My questions (assuming I will be changing employer) are :

- Can I file for H1B transfer alone so that my wife's H4 & H4-EAD does not impact as she has valid I94 for 2.5 years more ?
- Will it be possible for her to go to India & comeback with H4 tied my old employer's H1B ?
- Can she continue to work on her H4-EAD card as my I140 is still with old employer ?

Nik

[adshah84]

4 hours ago, vamcch said:

Hello,

Looking for a suggestion on immigration situation. I am working for a desi consulting firm on H1B with valid visa for 2.5 years more. My wife is having H4 & H4-EAD approvals as well and working. Now I am considering joining full-time either to an End client or a big firm. My questions (assuming I will be changing employer) are :

- Can I file for H1B transfer alone so that my wife's H4 & H4-EAD does not impact as she has valid I94 for 2.5 years more ?
- Will it be possible for her to go to India & comeback with H4 tied my old employer's H1B ?
- Can she continue to work on her H4-EAD card as my I140 is still with old employer ?

Nik

For all your questions answer is YES

you do not need to file H4/H4 EAD as it's still valid for more 2.5 years. 

[xTDx]

15 hours ago, vamcch said:

Hello,

Looking for a suggestion on immigration situation. I am working for a desi consulting firm on H1B with valid visa for 2.5 years more. My wife is having H4 & H4-EAD approvals as well and working. Now I am considering joining full-time either to an End client or a big firm. My questions (assuming I will be changing employer) are :

- Can I file for H1B transfer alone so that my wife's H4 & H4-EAD does not impact as she has valid I94 for 2.5 years more ?
- Will it be possible for her to go to India & comeback with H4 tied my old employer's H1B ?
- Can she continue to work on her H4-EAD card as my I140 is still with old employer ?

Nik

1- H4 is not tied to the employer. It is tied to you. As long as you are on h1b, she is eligible for H4  and as long as she has a valid h4 she can work. She will only have to renew it once it is close to expiration and you can keep changing employers.

2- See 1, she is eligible for h4 as long as you are in h1b status. Her h4 is tied to you being on h1b and not to any employer.

3- See 1 , yes.

[JoeF]

An H4 is never tied to an employer. For an H4 it only matters that you are on H1. So, there is nothing to transfer for the H4.