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H1b transfer after change of status in process

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  • H1b transfer after change of status in process

    Hi, I lost my job in month of June 2020 and my I94 was expiring in July 2020 but my H1b validity is till Apr 2021. So to keep myself in status, I applied for H4/EAD on my spouse approved i140, which is still in process.

    My question is, whether I can transfer my H1b now to a new employee and after h1b transfer approval then withdraw my H4/EAD application? My h1b had I140 approved which is now current for GC.
    Last edited by AshPat; 02-02-2021, 11:53 AM.

  • #2
    Hi,
    Please see my response below.
    whether I can transfer my H1b now to a new employee and after h1b transfer approval then withdraw my H4/EAD application? My h1b had I140 approved which is now current for GC?
    Answer: Yes. you can do H1B transfer. but it will be considered as change of status as you have already changed your status from H1B to H4. File new petition to H1B change of status. Once you get approved, your previous status will be gone. Whether you withdraw or not, it will be denied.
    Thanks
    Last edited by rkk09; 09-17-2021, 05:30 PM.

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