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H4 EAD application and spouse change of job

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  • H4 EAD application and spouse change of job

    Hi,

    My spouse H1 and my H4 ead are ending in 6 months and we are in process of filing for its renewal with my spouse's lawyer. My spouse is also currently looking for new job. If he ends up getting a new job in next 6 months, then my spouse's h1 will be initiated and processed again by new company, is that correct? Or will it be only transferred?

    If my h4ead is still In process when my spouse starts his new job, then do I have to restart the entire process again? If h4ead is completely processed in next 6 months, then will I have to file for it again when my spouse starts his new job?





  • #2
    Hi Member,
    Here is my response.
    If he ends up getting a new job in next 6 months, then my spouse's h1 will be initiated and processed again by new company, is that correct? Or will it be only transferred?
    Answer: If H1B holder migrating to another company then it will be considered as H1B transfer. New Employer needs to file H1B transfer petition.
    If my h4ead is still In process when my spouse starts his new job, then do I have to restart the entire process again? If h4ead is completely processed in next 6 months, then will I have to file for it again when my spouse starts his new job?
    Answer: if your H4 is still valid for another couple of months then you should be good. Because, H4 EAD will be depend on H4 petition. If you are going to file H4 along with H1B, then better H4 and H4 EAD must be filed again when H1B transfer petition is filed.
    Thanks

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    • #3
      I went through a similar situation recently. If your spouse changes jobs within the 6-month period, their H1B process will depend on whether the new company files a transfer or a new petition. For your H4 EAD, if it's still in process when your spouse starts the new job, you usually won't need to restart the entire process. But if it's approved before the job change, you won't need to refile. She could also try to write a good resume with https://excalibur.guide/ai/ai-resume-writing-prompts/. I hope that helps.​
      Last edited by ragnirae; 10-25-2023, 03:58 AM.

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