H1B transfer case when H4-EAD extension is in process

[GroundHog]

Hello, following is my immigration situation:

- I am on H1B with Employer A. I-140 is been approved more than 6 month ago.

- I got 3 years H1B extension. Spouse's H4 EAD extension is in process.

- Employer B is planning for H1B transfer. They will start GC process after 6 months of joining.

Questions:

1. If I got 3 years H1b extension, will my spouse get H4-EAD for that whole period or there's chance that her expiry date would be earlier?

2. If Emp A revokes I-140 before Emp B starts GC process, can I still use my same priority date?

3. If Emp A revokes I-140 before H4 EAD is approved, would there be any impact on on H4 EAD processing?

4. Lets say if everything goes well, H1B transfer & EAD is approved and then Emp A revokes I-140, will EAD be still valid?

5. Any other complication in this scenario that you think I should consider while making my decision? I would really appreciate it!

Thanks in Advance,

GroundHog!

[Murthy2020]

I'll just attempt to answer point # 3. I have come across cases where they are issuing an RFE if i140 is withdrawn. I have a similar situation. Let me know if you'd like to connect offline and share information.

 

[User099]

On 2/22/2020 at 4:08 PM, GroundHog said:

Hello, following is my immigration situation:

- I am on H1B with Employer A. I-140 is been approved more than 6 month ago.

- I got 3 years H1B extension. Spouse's H4 EAD extension is in process.

- Employer B is planning for H1B transfer. They will start GC process after 6 months of joining.

Questions:

1. If I got 3 years H1b extension, will my spouse get H4-EAD for that whole period or there's chance that her expiry date would be earlier?

2. If Emp A revokes I-140 before Emp B starts GC process, can I still use my same priority date?

3. If Emp A revokes I-140 before H4 EAD is approved, would there be any impact on on H4 EAD processing?

4. Lets say if everything goes well, H1B transfer & EAD is approved and then Emp A revokes I-140, will EAD be still valid?

5. Any other complication in this scenario that you think I should consider while making my decision? I would really appreciate it!

Thanks in Advance,

GroundHog!

1. Most likely she should get it for 3 years.

2. Yes

3. Recently there are few cases were USCIS is issuing an RFE if the I140 is withdrawn on basis of which you are applying for H4 EAD. 

4. Yes.

[GroundHog]

On 2/24/2020 at 1:13 PM, User099 said:

1. Most likely she should get it for 3 years.

2. Yes

3. Recently there are few cases were USCIS is issuing an RFE if the I140 is withdrawn on basis of which you are applying for H4 EAD. 

4. Yes.

Thank you!