H4 EAD applied based on H4 extension from a prospective H1B employer


kris19

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Hello,

I am on H1B with employer 1. My spouse EAD is valid with current H4 visa valid till Feb 2024

I have a prospective employment with employer2, start date may be in December. 

Questions

1) can I apply H4 EAD (in Oct 2023) based on new employer H4 extension petition(H4 process in progress now) that is filed and spouse continues to work for 180 days post Feb 2023 since eligible for automatic extension?

2) Assuming yes for above question and we apply for H4 EAD and the extension process is in progress.

If i decide to stay with employer1 or go with employer 3 (in both cases causing a fresh H1B petition and a fresh H4 petition being filed before mid Jan 2024) - (i dont start work at employer 2)

Can the H4 EAD applied (based on employer 2 H4 petition) be ported to H4 petition based on employer 1/3 without issues?

3) Issues with DL lapse as one of the concern during H4 renewal , any other issues should be thought through?

Info: H4+ H4 EAD are not applied together with employer2, Assume H4+ H4 EAD not applied together in case of extension with Employer 1 or employer 3)

 

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