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GrajTraj

H1B Approved- H4 & H4EAD petition is in progress(Both expired last week), is H4 transfer required along with New H1B transfer?

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Hello Experts - My H1B and my wife’s H4/H4EAD stamped until Sep 03 2019 (Expired now). However, My H1B is renewed till Sep 2022 via premium, while my wife’s H4 & H4EAD petition is still under process due to biometrics.
To summarize, i have approved I-797, wife has a I-797 case receipt for her visa/ead.

Issue:

  1. If I get a H1b transferred to another company should my wife get her h4 and h4-ead transferred too?
    I understand that no transfer required if H4 is approved, but here the H4 petition is in progress, not yet approved. Thank you for your help.

 

Edited by gowthamraj

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11 hours ago, GrajTraj said:

Hello Experts - My H1B and my wife’s H4/H4EAD stamped until Sep 03 2019 (Expired now). However, My H1B is renewed till Sep 2022 via premium, while my wife’s H4 & H4EAD petition is still under process due to biometrics.
To summarize, i have approved I-797, wife has a I-797 case receipt for her visa/ead.

Issue:

  1. If I get a H1b transferred to another company should my wife get her h4 and h4-ead transferred too?
    I understand that no transfer required if H4 is approved, but here the H4 petition is in progress, not yet approved. Thank you for your help.

 

Yes, new employer has to re file both H-4 and H-4 EAD since the applications are in progress.

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An H4 is never dependent on an employer. It depends on the valid H1 of the primary person.

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On 9/11/2019 at 8:56 AM, shekar11# said:

Yes, new employer has to re file both H-4 and H-4 EAD since the applications are in progress.

Thank you @shekar11#

I plan to get the H1B transferred in premium.
Since the H4 & EAD are not dependent on the Employer and only on my H1b - Is there any way to update the Current H4 in-progress petition with the new H1B details? I could very well be wrong, but wanted to check.

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4 hours ago, GrajTraj said:

Thank you @shekar11#

I plan to get the H1B transferred in premium.
Since the H4 & EAD are not dependent on the Employer and only on my H1b - Is there any way to update the Current H4 in-progress petition with the new H1B details? I could very well be wrong, but wanted to check.

Not exactly sure. Check with attorney if you can do that. 

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