H4 EAD validity


Malai

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Hello

My H4 EAD is valid till Nov 2019 where as my wife's H1B transfer from employer A to Employer B denied.

I 140 is approved 

Employer A has withdrawn their H1B 

Employer C has initiated H1b Filing for my wife in premium processing through consular processing

I am currently working - Can I continue working till the validity of my current H4 EAD(till Nov 2019), which was applied using Employer A's H1B

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Crucial info is missing to get to a conclusion in my opinion.

Does your spouse's i94 expired ?

Is she working with B ? or C ?

Is she in grace period ?

Why transfer to C was filed in consular processing ?

Your H4 ead will be valid if :

1- You are maintaining valid H4 status.  Your H4 status needs your spouses h1b status to be valid. So you need to figure that out first. If her i-94 has expired and transfer to C was not filed in a timely manner, your spouse may be out of status . If that's the case , then  you  are out of status and H4-ead is not valid for employment. 

2- you have a valid h4-ead card in hand.

 

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On 5/24/2019 at 10:19 AM, xTDx said:

Crucial info is missing to get to a conclusion in my opinion.

Does your spouse's i94 expired ?

Is she working with B ? or C ?

Is she in grace period ?

Why transfer to C was filed in consular processing ?

Your H4 ead will be valid if :

1- You are maintaining valid H4 status.  Your H4 status needs your spouses h1b status to be valid. So you need to figure that out first. If her i-94 has expired and transfer to C was not filed in a timely manner, your spouse may be out of status . If that's the case , then  you  are out of status and H4-ead is not valid for employment. 

2- you have a valid h4-ead card in hand.

 

Thanks for the update

I-94 is valid, but it belongs to company A, who has withdrawn the Petition and the transfer petition filed by Company was denied

Hence, She stopped working for company B

No, the grace period is over as the denial notice reached our hand almost close to the grace period of 60 days

Hence, the company C is preparing to file her H1B extension under premium

 

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