H1B Transfer while H4 EAD Pending. Previous employer withdraw H1B cause issue?

[beckham9688]

Hi All,

I am current under OPT extension (expiring Dec this year). I have applied H4 EAD under my husband's H1B (He got I-140 approval for more than 6 months) with his current Company A. He is ready to change job and start H1B transfer to Company B. However, my H4 EAD are still pending and all we have are receipts. Qestions,
1. Does Company A have to withdraw my husband's current H1B after he leaves(is this a must by law)?
2. If Company A withdraws my husband's current H1B before my H4 EAD approval, will that be a problem? If so, what's the best way to deal with it(assuming changing job is a must for my husband)?

Appreciate all your help!
BECKHAM

[MU2000]

I am experiencing a very similar situation, hope forum experts can provide the insights!!!

[raghvi]

Hi All,

I am current under OPT extension (expiring Dec this year). I have applied H4 EAD under my husband's H1B (He got I-140 approval for more than 6 months) with his current Company A. He is ready to change job and start H1B transfer to Company B. However, my H4 EAD are still pending and all we have are receipts. Qestions,
1. Does Company A have to withdraw my husband's current H1B after he leaves(is this a must by law)?
2. If Company A withdraws my husband's current H1B before my H4 EAD approval, will that be a problem? If so, what's the best way to deal with it(assuming changing job is a must for my husband)?

Appreciate all your help!
BECKHAM

1. Not necessary but they may decide to.
2. Yes it is possible, and USCIS may raise an RFE to prove your valid H4 status, which will in turn require your spouse to prove valid H1 status, which can happen only upon successful H1 approval with new company.

This is my opinion not legal advice.

[beckham9688]

1. Not necessary but they may decide to.
2. Yes it is possible, and USCIS may raise an RFE to prove your valid H4 status, which will in turn require your spouse to prove valid H1 status, which can happen only upon successful H1 approval with new company.

This is my opinion not legal advice.

Thank you so much raghvi!!!
3. I know there is always a chance, but for item 2, do you think the probability of denial is low if we havent got approval from new H1 and they are start processing H4+EAD?
4. Also, if we got approval before H4+EAD are processed, can we add it to current H4+EAD filling? Will that be a good idea?

[raghvi]

Thank you so much raghvi!!!
3. I know there is always a chance, but for item 2, do you think the probability of denial is low if we havent got approval from new H1 and they are start processing H4+EAD?
4. Also, if we got approval before H4+EAD are processed, can we add it to current H4+EAD filling? Will that be a good idea?

As I said, denial chances are low, but they may raise an RFE, which will delay your EAD approval till your spouse gets the H1 approval.

This is my opinion not legal advice.

[abishekk84]

Hi All,

I am current under OPT extension (expiring Dec this year). I have applied H4 EAD under my husband's H1B (He got I-140 approval for more than 6 months) with his current Company A. He is ready to change job and start H1B transfer to Company B. However, my H4 EAD are still pending and all we have are receipts. Qestions,
1. Does Company A have to withdraw my husband's current H1B after he leaves(is this a must by law)?
2. If Company A withdraws my husband's current H1B before my H4 EAD approval, will that be a problem? If so, what's the best way to deal with it(assuming changing job is a must for my husband)?

Appreciate all your help!
BECKHAM

Hi Beckam,

i am in similar situation did it work? Did you get your H4-EAD approved based on H1B petition of company A after transfer? it would be greatful if you could provide some insight, please help

[vaibhav2323]

Hi Abishek/Beckam,

I'm in a similar situation as you guys have mentioned. Can you share if the H1B transfer affected the H4 ead application in transit?

[sharmaanu]

Hi Abishek/Beckam/Vaibhav,

What was happened in your cases ?? RFE was issued?

[ram004]

Can anyone please update the status of the questions posted earlier? We are in the similar boat and I have new approval after transfer and wondering what needs to be done now? Please update..