H1B Transfer while H4 and EAD is in progress

USA H1B Visa
1

Hi,

Need your help to get suggestions on below questions.

Scenario: Currently I am working with Company A on H1B visa (I-140 approved for GC). The same company has applied H4 and H4-EAD for my husband, which is in progress now. (got receipt)

Now I got a job in Company B and planning to do H1B transfer in premium

Do I need to apply H4 again for my dependent, if so, do I need to specify previous H4 receipt number anywhere in the next application?Do I need to apply H4 EAD again for my spouse, if so, do I need to specify previous H4EAD receipt number anywhere in the next application?Is there any chance for RFE for H4 and EAD applications, if two applications are processed parallel?

Thank you

Appreciate your response

2

Is the H-4 dependent inside US? If yes, then when is his H-4 I-94 expiring?

3

Thank you Saurabh for responding to my question.

Yes, H4 Dependent is inside US. He was on L1b and got maxed out by September 21st 2016(I-94 Expired by September 21st).

So we applied H4 and H4 EAD for him on August 10 and got receipt on 15th August.
Now H4 dependent is staying in US with H4 Receipt.

4

Here is the issue - his I94 has already done expired. So you want to piggyback on old H4 COS in order to maintain the brigdge. I can think of couple of options and your new H1 attorney can explore more:

  1. Don’t apply any new H4 COS and when old H4 receives RFE, then respond with new H1 petition.

  2. Apply H4 and EAD again and see if H1 transfer can be applied in PP. This way everything should be processed within 15 calendar days. 2 parallel petitions should not impact one another. If COS is denied, then apply for H4 stamping from outside US.

5

Thank you Saurabh for your valuable comments

Regards
Sasha

6

Hi Saurabh.

Thanks for your response.
I do have a question regarding my earlier statements.

Today we got RFE for H4 COS petition .

And want to check with you about the two options given by you in the comments
When H4 COS is on RFE , and if I want to transfer my H1b to another company , can I follow option 2 or is it mandatory to stick with option 1

  • Can I re-apply H4 and H4 EAD along with H1B transfer (PP) even H4 COS(RFE) of old application is in progress

I am waiting for the current RFE notice in mail and will do the necessary steps

7

You can apply for H-1 transfer and include H-4 COS and H-4 EAD in the same application. This can be applied in PP.

The downside is that USCIS may issue H-4 COS RFE again asking for proof of status as L-1 I-94 has expired and current H-4 COS is still pending.

I think its worth the risk. Best case scenario is that your H-4 COS and EAD would get approved and you don’t have to worry about current H-4 COS. Worst case scenario is H-1 transfer will be approved but H-4 COS and EAD would be denied. You can then submit newly approved H-1 petition to old H-4 COS and hope for its approval.

Did you talk to your new H-1 attorney about this?

8

Thank you Saurabh for the comments

No, I didn’t explain this situation to the new company(B) H1 attorney.
Reason - Currently I am working with company A and they applied H4 COS and EAD for my husband . and my current company is planning to shut down US development operation by November end. so company B approached me and they are sending my resume to clients for the interview . so once it’s decided only my transfer procedure will start .

So I am checking all possible risks in the situation so that we can plan accordingly .

My next action will be sending all supporting docs for RFE and once new employer is ready - as suggested will apply H1b Transfer(PP) +H4 COS +EAD ----- will attach copy of previous H4COS receipt to prove the status after i-94 expiry

Thank you
Regards
Saasha