H4 extension and EAD approved while H1 extension is pending RFE


Thank you for taking your time to read my question and provide an answer.

Situation: I’m a recent I-140 beneficiary. I applied for my H1 extension and my wife’s H4 extension and EAD concurrently on July 20th 2016. I got an RFE last month this time, requesting end-client letter mentioning possible 3 years extension of my project duration and the job duties. My End-client is a kind of company that does not provide letters for H1/temporary consultants. So, I got an email from my Manager stating that my company does not provide such letters and forwarded it to Immigration team/Corporate Legal Counsel of my Employer. They are supposedly currently working on my RFE response. In this situation, yesterday, interestingly I got a notice for my wife’s H4 & EAD with approval and validity for 3 years. All these days my wife and I were thinking that H4 & H4 EAD case will be processed only after H1 is approved.

Question 1: So, can I assume my H1 validity has already been assessed and upon my RFE response they will change the status of my case or will they re-assess the H1 validity based on my RFE response.

Question 2: In case they re-assess my H1 validity and shorten it’s validity will it potentially impact my wife’s EAD validity? By reading other posts posing similar questions in this forum I understood it is not going to impact. But please reassure based on my case/situation here.

Question 3: Now that my wife got her EAD. So if everything goes well with my on-going H1 extension and I switch my job (changing employer) and go ahead with a new green card process, will my wife’s EAD get revoked as soon as if the current employer (then ex-employer) revokes the I-140 because I left them?

Thank you again for your time!



  1. You should still plan to respond to the H-1 RFE and work towards its approval

  2. The EAD has a set term and that won’t be shortened. However, if your H-1 petition expires on (for example) Dec 2017, then your wife can also stay and work until that date; even if her H-4 and EAD is extended for a longer duration.

  3. EAD is not revoked if you change employers and the old employer revokes the approved I-140. You may not get EAD extension w/o a new I-140 approval but the current EAD is not impacted.

Thank you, Saurabh. Your insight, help and advices are always grateful! Really appreciate your time!

Hi Saurabh,

In connection to my original post, my H1B was approved for 3 years. Two months later I joined my client as FTE and transferred my visa under them and got it approved for 3 years.

My previous employer who holds the I-140 says that they are going to withdraw the approved I-140 as I have stopped making revenues for them. I got a couple of questions in this scenario?

  1. Will I lose my priority date?
  2. Will it impact my wife’s EAD currently?

FYI: not sure if this is required information in this scenario. I’m on my 4th year of H1B, so the recent approval makes my H1B validity to exceed 6 years.

Please advise!


Hi Ravi,

Its very interesting to read your situation. I was not aware that spouse’s H4 and EAD can be approved while having RFE on H1B.
Did you contact USCIS personally that led this to happen?
I am in similar situation and my job is at risk because of EAD Expiration coming soon.

Awaiting your reply.