Impact on h4 ead incase of h1b transfer

[mitun2009]

Hello,

I applied for my H1B extension, my spouse's H4 extension and H4 EAD renewal all together, in Oct2020(in Nebraska center). This is through my current employer A.
I recently got my H1B extension approved and validity is till Sep2023.
We are now awaiting on H4 and H4EAD(both are valid till Dec2020).

I've received a full time job offer with employer B and they are planning to file my H1B transfer in this month/Jan2021.

I'm really now in a dilemma whether to take up this offer. If I do, and assuming I quit employer A in Jan2021, then A would file a revocation request with USCIS of my current H1B petition and I believe this would impact H4/H4EAD as well. Unless I receive H4 EAD approval before that, which I doubt would happen, given the current processing times at Nebraska center.

Any thoughts/suggestions on this please?

Thank for your help!

[rkk09]

Hi Member,

General thought on this scenario.

1. As you mentioned, if your previous Employer withdraws H1B while H4 petition is pending then it will surely impact H4 and subsequently H4 EAD petition also will impact. To avoid these situations, it is better to stay in the same company, until H4 and H4 EAD get adjudicated.
2. Sometimes, H4 petition will be adjudicated with positive even though you left the previous Employer. Why because, at the time of H4 petition adjudication, USCIS would not have taken any action on H1B base petition. But this situation will happen only sometime.
3. While you are moving to another Employer, when you file H1B transfer petition, it is better to file H4 and H4 EAD petition again as a bridge petition, if the existing petition is still pending with USCIS.

Thanks

[ShannonGabriel]

Hi Member,
Please see my response below.
In this case what would happen to the L2 to H4 COS with my current employer if I transfer my H1B to the new employer?
Answer: If your base H1B petition is not withdrawn by the Employer at the time of Change of status petition adjudication it may get approved.. If H1B petition is withdrawn then H4 will get RFE/ denied.
Should the new employer also file a L2 to H4 transfer ?
Answer: I think they will need to file only H4 petition. Why because, right now you are not on L1 status. So the dependent also will not be as L2. So, there is no point to file change of status petition again when you do H1B transfer.
All the best.
Thanks

issue got solved

[rkk09]

Hi Member,

Thanks for your prompt update. Kindly share your thought if you have any on your case.