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Complicated questions on H1B Transfer | PERM/I-140 | H4 EAD

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  • Complicated questions on H1B Transfer | PERM/I-140 | H4 EAD

    Hi All,

    Here are the situations I'm in. A little complicated but I'll try to explain it as clearly as possible.

    1) I'm working for Firm A that filed PERM for me last year. I'm now very close to get the PERM approved then move to I-140 PP next (which takes 15 days).
    2) Firm A just filed for my spouse to transfer her current F1 Visa to H4. The status of the case shows as "received" on USCIS website. But Firm A told me the whole process will take another 6-7 months to complete.
    3) I just got an offer from Firm B. They will start the H1B transfer process sometime soon.


    My goals are in the process of leaving Company A and joining Company B:

    1) To get my I-140 approved before I left company A so I can port the PD when Firm B file my green card application in future.
    2) To maintain both my and my spouse's legal status.
    3) To apply for the H4 EAD for my spouse in future.


    So my questions are:

    1) Should I wait until I got my I-140 approved then ask Company B to start the H1B transfer (in order to port the PD in future)? Or are these two processes non-related?
    2) I understand that there is no such thing called H4 transfer. But since my spouse's H4 application was only received and not completed, will my H1B transfer affect her status? In other words, after I transferred my H1B, will her application to H4 (under Company A) be invalid?
    3) If question 2 is not an issue, and assumed I got my I-140 and she got her H-4 eventually. Can she apply for H4 EAD herself using these two documents (and some more)? Any idea how long will EAD application take?


    Thank you so much for your help and efforts. I really appreciate it.

    Kumar

  • #2
    Can anyone please help on this?

    Is the most secure process something like this: Wait till I-140 approval -> New company starts H1B Transfer -> After received, tell the current employer and give 2 week notice -> Start at the new company after that ?

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    • #3
      What if your employer withdraws the I140? Normally folks get I140 approved, H1 extended for 3 Years and only then leave the employer.

      This is my opinion not legal advice.

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