H1b Transfer while H4 EAD application in progress


Recommended Posts


My current H1b visa from Employer A expires on 3/26/2020. I also have my extension filed on 11/7/2019 and the new I94 is valid until 3/26/2023. The H1b application was filed in premium along with H4 and H4 EAD on the same date.

The H4 and H4 EAD applications have not been approved yet. 

Now, employer A has indicated a possibility of layoffs and it looks like the layoff is imminent. I have a job offer with employer B now. I have an approved I-140 petition from Employer A (Priority date is 9/12/2015).

I have 2 questions:

1. What will happen to the H4 and H4 EAD applications If employer B files a H1b transfer and the H1b transfer gets approved?
2. What could be the new expiry date of the H1b transfer? 3/26/2023 or 3 years from the date of approval (possibly in Jan 2023)?

Link to comment

1. Most likely old H4 and EAD will still be processed, they might issue you a RFE asking for your new approval notice. But just to be 100% safe (in current conditions), file for a new H4 and EAD extension along with the transfer.

2. It will be 3 years or duration of the project which ever is shorter. It will be from the date the new employment will begin, Jan 2020 to Jan 2023 if you switch jobs in Jan.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.