Malai Posted May 24, 2019 Report Share Posted May 24, 2019 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 I 140 is approved Employer A has withdrawn their H1B Employer C has initiated H1b Filing for my wife in premium processing through consular processing I am currently working - Can I continue working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 Quote Link to comment
xTDx Posted May 24, 2019 Report Share Posted May 24, 2019 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. Quote Link to comment
Malai Posted May 28, 2019 Author Report Share Posted May 28, 2019 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 Thanks for the update I-94 is valid, but it belongs to company A, who has withdrawn the Petition and the transfer petition filed by Company was denied Hence, She stopped working for company B No, the grace period is over as the denial notice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 Quote Link to comment
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