H1b transfer and H4 Ead validity

[guthikv]

Hello,

 

I have a quick question on the H1b transfer and H4 EAD validity. Me and wife are currently working. What happens if I move to employer B and H1b is transferred to the new employer. 

 

My questions:

 

1. What happens to the H4 EAD. Is it still valid because h4 is also tranferred?

 

By taking into consideration the new USCIS published in Dec 2015 , below are my questions:

 

2. If the Employer B doens't start the GC process immediately and my current employer revoked the i-140 petition, is the H4 EAD still valid ?

 

3. WHat happens to the H1b extensions, will I be getting 3 year extensions since my i-140 approved (as per new rule).

 

4. As per new rule, with approved i-140, priority date can be retained. Is this True?

 

Thanks in advance.

[pontevecchio]

1. Yes. H4 is NEVER transferred.

2. It should be valid till expiry based on precedent.

3. No new rule. As per old rule you are ENTITLED to three year extensions beyond initial 6 years

4. Again PD retention is not new but an old rule..

[guthikv]

Thanks for the reply.

 

Can you also please confirm the following:

 

As So basically the Priority Date is retained and we will be getting 3 year extensions, even after the i-140 is revoked by old employer?

 

Thanks

[pontevecchio]

As far as the situation now, once the I-140 is revoked, further H1 extensions are not possible. Any preexisting 3 year extension based on I-140 approval will remain.

[guthikv]

Thanks for the reply. But as per the proposed rule released in Dec 2015 (link below), 3 year extensions are possible even if the employer withdraws i-140. Is this true? Please confirm.

 

http://www.murthy.com/2015/12/30/newsflash-proposed-rule-would-provide-improve-job-flexibility-grace-periods-and-more/

 

 

• Once an I-140 has been approved for 180 days or more, the U.S. Citizenship and Immigration Services (USCIS) would not revoke the I-140 other than in cases of fraud, misrepresentation, or a few other limited situations. While the I-140 still could not be transferred to a new employer, it could nevertheless be used for purposes of extending one's H1B status beyond the 6-year limit, even if the employer requests withdrawal of the I-140.

[pontevecchio]

You do know the dictionary meaning of "proposed" . Any executive orders can be changed by "President" Trump?. You should go by what is current rather than what is proposed.