Need guidance on h1+h4+ h4 ead application

[antonio993]

My spouse’s H-1B is up for renewal in May, and we are planning to file my H-4 and EAD petitions concurrently under premium processing.

Separately, my spouse is planning to change employers in July, and the new employer will file an H-1B transfer petition in April.

Questions:

Can my spouse still file the H-1B extension in May with their current employer, even though a new employer is filing an H-1B transfer in April? (He does not plan to join the new company until July.)

If we proceed with filing my H-4 and EAD petitions with the May H-1B extension (from the current employer), will those petitions remain valid after my spouse switches employers in July? Can the current employer revoke or impact the pending H-4 or EAD petitions once my spouse has left the company?

Thanks in advance!

[aagarwal0919]

Your spouse can file an H-1B extension with their current employer in May, even if another employer files an H-1B transfer in April. Once can have overlapping petitions as long as valid H-1B status is maintained throughout.

If your H-4 and EAD applications are filed with the May H-1B extension, they should generally stay valid even if your spouse changes employers in July. However, if the current employer withdraws their H-1B petition before your H-4/EAD is approved, USCIS may deny the H-4 and EAD applications outright, often without issuing an RFE or NOID, which limits your opportunity to respond or provide additional evidence.

To be on the safe side, consider filing new H-4 and EAD applications along with your spouse’s H-1B transfer petition in April. This links your applications to the new H-1B petition, reducing the risk if the current employer withdraws their petition later.

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