H1B Transger & H4-EAD


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Hello!!

 

Can someone please shed some light on few questions I have:

My current H1B is expires in Aug 2021 and this is my 4th H1B and I have an approved I-140 from 2014. My Wife has an H4 EAD.

I got a new job with another company and here are few questions:

 

  1. Can new company apply for new H1B for 3 more years or do they have to do current H1B transfer? because my current H1B doesnt expire until Aug 2021

  2. What happens to my wife’s H4 EAD if I get a new H1B or do H1B transfer. Do I need to again apply for new H4 EAD or can she use the existing One ?

  3. What happens to my approved I-140? Can I still use it after one year to get my H1B renewed in 2021? Or do I need to get a new I-140 under new company to get my H1B renewed in 2021?

 

Thank you in advance.

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1. New company will have to apply for a H1 transfer and you will be able to apply for 3 years on the basis of approved I140. 

2. She can use the existing EAD and its better to apply for H4 and EAD extension along with the H1 transfer. 

3. You can use the I140 Approved from the old employer till your PD is current for future H1 extensions. But to apply for GC, your new employer should file for a new PERM and I140 at some point. 

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