H4 EAD to H1B Transfer

[Raaz1]

Hi Experts,

I have H4 EAD valid till Dec 2021. Employer A has filled my H1B this year, it got picked in the lottery and now I have I797 approved with start date Oct 1st, 2020. Meanwhile due to COVID -19 I lost my job with Employer A and got full time position with Employer B, joined Employer B on H4 EAD and currently working.

Below are my queries:
1. What’s the safest way to protect my approved H1B and Job with Employer B (as its full time I don’t want to change).

2. If my current Employer i.e. Employer B files a transfer on October 1st, 2020 then what’s the probability of approval (first time H1b)

3. In case my COS (H1B transfer to Employer B) gets denied then will my H4 EAD be valid? Will I be able to use it for the future employment with Employer B?

4. As my I797 with Employer A is approved for 3 years, so in case of the denial with Employer B, In future any other employer will be able to file it again within 3 years from now?

Looking forward for your reply

Thank you

[rkk09]

Hi,
Please see my response below.
1. What’s the safest way to protect my approved H1B and Job with Employer B (as its full time I don’t want to change).
Answer: You can ask Employer B to file H1B transfer petition.

2. If my current Employer i.e. Employer B files a transfer on October 1st, 2020 then what’s the probability of approval (first time H1b)
Answer: If all documentation are good and, as long as you meet the H1B requirements then no issues to get the transfer petition approval.

3. In case my COS (H1B transfer to Employer B) gets denied then will my H4 EAD be valid? Will I be able to use it for the future employment with Employer B?
Answer: I dont think it will be valid. Since you filed H1B change of status, your initial H1B will be started effective from Oct 01. So your previous status will come to end.

4. As my I797 with Employer A is approved for 3 years, so in case of the denial with Employer B, In future any other employer will be able to file it again within 3 years from now?
Answer: Yes. Denial is on only transfer petition not Initial petition. So, if you want you can continue with your previous Employer who got H1B approval or you can do another H1B transfer to any other Employer.
Thanks