H4 visa on h1 transfer

[gingerlinger]

the current situation is this:
I have an approved I-140 with my current employer and a H1B extension.
based on that my spouse has applied for H4 and H4-EAD. It is still in processing.

My qus is:
1. What happens if I want to switch companies now ?
- new employer will do a H1B transfer for me.
if the h1B transfer is done in premium processing, then it should be done in 2 weeks.
(in the past when I had done H1B transfer alongwith H4 application, both of the applications had been done in 2 weeks)

(lets assume my current employer is not revoking the I-140 now as they won't know and i wont tell them anything till a H1B transfer gets approved )
2. Does my spouse need to apply for H4 again ? Does my spouse need to apply for EAD again ?

if I wait till the current pending H4 and H4-EAD application of my spouse gets approved and then switch companies ?
- what is the procedure for applying for H4 and H4-EAD ? how long will that ideally take in terms of processing ?

help appreciated.

[shervin143]

the current situation is this:
I have an approved I-140 with my current employer and a H1B extension.
based on that my spouse has applied for H4 and H4-EAD. It is still in processing.


1. What happens if I want to switch companies now ?
- new employer will do a H1B transfer for me.
if the h1B transfer is done in premium processing, then it should be done in 2 weeks.
(in the past when I had done H1B transfer alongwith H4 application, both of the applications had been done in 2 weeks)

>>> You can switch employers. There will be no impact to H4 EAD because you switch employer. Also, there is no need to file form I-539 for your wife when you switch employer. There is only H1B transfer and no H4 transfer. H4 extension (form I-539) need to be filed only if your dependent's I-94 is about to expire within the next 6 months.

(lets assume my current employer is not revoking the I-140 now as they won't know and i wont tell them anything till a H1B transfer gets approved )
2. Does my spouse need to apply for H4 again ? Does my spouse need to apply for EAD again ?
>>> Nope. H4 is not associated with the H1B holder's employer. H4 is associated with the H1B holder's status. As long as you are in H1B status (irrespective of which employer you work for), your dependents will be in H4 status. No need to file H4 petition (I-539) or H4 visa again after switching employers.

if I wait till the current pending H4 and H4-EAD application of my spouse gets approved and then switch companies ?
- what is the procedure for applying for H4 and H4-EAD ? how long will that ideally take in terms of processing ?
>>> There is no need to do that. If you do, the processing time will be 2-3 months.