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EAD and H1B

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  • EAD and H1B

    If my spouse uses the EAD to work elsewhere, will she lose her H1B status with her current company?

    If her company then cancels her H1 and she decides to go back on H1 at a later date, does she have to file with the quota or can she just do a transfer?

    Thanks a lot

  • #2
    To my knowledge, if someone changes a job or company based on EAD, the previous employer needs to notify USCIS. An option might be to extend your H-1B with the current employer for 3 yrs, and then transfer it to the new employer. Same transfer could be done for the current H-1B as well.

    However, if the H-1B is cancelled, it could be renewed within 1 yr of cancellation without getting back into the quota.

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