Do we need to refile H4, H4-EAD when H1B transfer is made?


Saisha1

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Hello,

Could someone please answer my question?

My spouse applied for H1B extension in July and was approved. I applied for H4 and H4-EAD along with my spouse's application and its still under processing. My spouse applied for H1B transfer recently for a job change and was approved(end of Nov). Do I need to file for a new H4 and H4 EAD again based on my spouse's new I-765?

My original application which was applied in July is still under processing.

Thanks in advance!

 

 

 

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On 12/4/2019 at 2:17 PM, Saisha1 said:

Hello,

Could someone please answer my question?

My spouse applied for H1B extension in July and was approved. I applied for H4 and H4-EAD along with my spouse's application and its still under processing. My spouse applied for H1B transfer recently for a job change and was approved(end of Nov). Do I need to file for a new H4 and H4 EAD again based on my spouse's new I-765?

My original application which was applied in July is still under processing.

Thanks in advance!

 

 

 

Not needed.

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  • 4 weeks later...

Thank you for your response! My spouse’s new h1 b expires in Nov 22 but I applied with his previous approval which was ending in Sept 22. If I apply for an extension 6 months before my card expires, using my Spouse’s latest H1B, does USCIS grant me only 2 months extension?

Should I wait until my spouse extends his h1B in 2022 and then apply? But my H4 expires 2 months earlier than my spouse’s H1B.

Could you please advise?

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  • 2 weeks later...
On 1/2/2020 at 8:39 PM, Saisha1 said:

does USCIS grant me only 2 months extension?

Yes. You will only get the H4 and EAD till his H1 is vaild. Better to apply with his extension in 2022. 

Just remember that your H4 will expire 2 months before his H1, some people tend to forget it as 3 years is a long time. 

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  • 2 weeks later...
On 1/11/2020 at 9:10 PM, User099 said:

Yes. You will only get the H4 and EAD till his H1 is vaild. Better to apply with his extension in 2022. 

Just remember that your H4 will expire 2 months before his H1, some people tend to forget it as 3 years is a long time. 

Thank you for your response! Will this be a problem when I go for a visa stamping in India? 

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