1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Can I Apply For H4ead When Spouse Planning For Job Change

Discussion in 'H4 employment authorization' started by rasa, May 22, 2015.

  1. rasa

    rasa New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    I am on H4 and my husband in H1B has 140 approved from current employer. We are in US for more than 8 years in H1/H4. Currently my husband is working for a mid size consulting company and work at client site, and now he got a full time job offer from the client (big company). If he decides to take the job offer, he has to accept it by next week and they will file for H1 transfer shortly (based on 140 from current employer). He is little confused whether to take the job offer which may affect my H4 EAD as read from USCIS FAQ.

    In case if he decides to take the offer, he thinks it may take around 2 months for H1 transfer process and to start the employment with new employer. In this scenario, can i still go ahead and apply for H4 EAD next week with his current 140 approval? Any suggestions?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If the new employer files a petition for him while your EAD application is pending, they will likely hold the adjudication until a decision is made on his case first.
     
  3. rasa

    rasa New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Ok thanks Ron.

    If his h1 transfer gets approved what happens to pending H4 EAD application? Will they use new latest info automatically or request for further documents, clarification from us? Assuming 140 is still active
     
  4. msr

    msr Member

    Messages:
    297
    Likes Received:
    13
    Trophy Points:
    18
    Your pending H4 EAD Application will be processed and approved based on the H-1B petition ( associated with the h1 transfer ). They will most likely pull the information from their records. If not, they will probably issue a RFE asking additional information & you can respond to the RFE with the required documents.
     

Share This Page