Changing employer effect on H4-EAD

Amit C.

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Hi All

My I140 is approved with P.D. of Feb2012. My current H1 is valid til Feb 2020 and same date for validity of spouse H4 and H4EAD. 

I got selected for other company and they want to process my H1. 

So I have couple of questions:
1) Can I ask new company to file all 3 three applications (H1, H4 and H4EAD) together? As her EAD is valid will expire within 6 months and as per rule we can renew EAD if it is valid less than 6 months.

2) My Old employer also started the process for renewing my H1 and they will file spouse H4 and H4EAD too. If they file all together and new employer too file it, will it be an problem for spouse H4 and H4EAD? As for her, there will be 2 applications going parallel.

I am not sure what to do in this case. If anyone can help on this?



Amit C. 

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1. Yes, all 3 can be filed at the same time.

2. It might not be a problem, but just some additonal Paperwork to deal with. USCIS might see 2 pending H4 and H4EAD applications at the time of processing issue an RFE to see which one to consider. OR USCIS might go by the last action rule and issue you an H4 and H4EAD approval depending on which H1B was approved last out of the two.

If I was you, I would talk to an attorney to make things clear in this environment. 

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