H-4 EAD application with new H-1 transfer

[honeymufti]

Hello,
I wanted to seek your advice on H-4 EAD application. I have recently found a new employer who is initiating  my H-1 B transfer and will either be filed next week or next to next week. My spouse’s H-4 EAD is set to expire in July end.

My questions are as follows
1. Should we file H-4 EAD standalone with my existing I-797? ( valid till dec 2021)
2. Should we wait for attorneys to file H-1, H-4 and H-4 ead in concurrent filing.

Or both 1 and 2 can be done without issue?
My attorneys are not giving me straight forward yes/no answer on this one.

I understand there could be delays in the concurrent filing, but the goal is to get H-4 EAD approved without break in employment.

Please let me know your thoughts on this

Thank you!!

[User099]

Are you planning on doing Premium for H1 transfer? 

Are you planning on joining the new employer on Receipt notice?

Will your old employer withdraw the H1 once you leave?

Answer to your question will depend on these.

2 is the best option, but its very unlikly that the EAD will be approved by July depending on the current wait times.

[honeymufti]

Yes, planning on premium processing for H-1B transfer

I will be joining the new employer after the H-1B transfer approval

I am not sure what happens when I leave the company for my H-1B. Where can I find about it? Is it a normal practice to withdraw H-1B when an employee leaves the company?

 

[shekar11#]

On 2/27/2020 at 4:57 PM, honeymufti said:

Hello,
I wanted to seek your advice on H-4 EAD application. I have recently found a new employer who is initiating  my H-1 B transfer and will either be filed next week or next to next week. My spouse’s H-4 EAD is set to expire in July end.

My questions are as follows
1. Should we file H-4 EAD standalone with my existing I-797? ( valid till dec 2021)
2. Should we wait for attorneys to file H-1, H-4 and H-4 ead in concurrent filing.

Or both 1 and 2 can be done without issue?
My attorneys are not giving me straight forward yes/no answer on this one.

I understand there could be delays in the concurrent filing, but the goal is to get H-4 EAD approved without break in employment.

Please let me know your thoughts on this

Thank you!!

When is your spouse H-4 status expiring? Is it also till Dec 2021. You just cannot extend it based on your I-797.

Edited March 3, 2020 by shekar11#

[shekar11#]

On 3/2/2020 at 6:41 AM, honeymufti said:

Yes, planning on premium processing for H-1B transfer

I will be joining the new employer after the H-1B transfer approval

I am not sure what happens when I leave the company for my H-1B. Where can I find about it? Is it a normal practice to withdraw H-1B when an employee leaves the company?

 

Yes, it depends on your employer. Some employers wait till your new H-1 is approved if you are in good terms.

[User099]

On 3/2/2020 at 6:41 AM, honeymufti said:

Is it a normal practice to withdraw H-1B when an employee leaves the company?

Yes, its normal practice. H-1, H-4 and H-4 ead in concurrent filing is better to keep them in sync.