H4 Extension Pending - H1B Transfer


K.S.R

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Hello,

Here is my situation: Your guidance is much appreciated.

My H1b renewal is approved as of March 2021 in Premium with Company A. H4 and H4 EAD were also applied concurrently with H1b renewal in March.

Expedite request for H4 was approved on July 27th but H4 EAD expedite was denied. However, both H4 and H4EAD are still pending approval.

Now, I have an offer from another company B and they will be filing an H1B transfer shortly. I do not intend to leave Company A until my H1b Transfer with Company B is approved.

Question is: should Company B also file for H4 and H4EAD or can the current application continue to process? Is there a possibility for an RFE or a denial to the currently processing H4 and H4EAD application. My Wife's I94 is already expired.

Thank you.

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On 8/31/2021 at 10:33 AM, K.S.R said:

should Company B also file for H4 and H4EAD or can the current application continue to process?

Yes

On 8/31/2021 at 10:33 AM, K.S.R said:

Is there a possibility for an RFE or a denial to the currently processing H4 and H4EAD application.

100% certainty, because you're actively trying to delay results of applications for H1b and H4 by filing petitions  with company A and B.

you wife will not have H4 approval without your H1b approval from company B, 

Try to keep H1b and H4 in sync.

 

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