Friday, February 26, 2016

What happens to the H4 EAD when H1B visa is transferred?

Now that you have your H4 EAD, what happens when your spouse transfer their H1B visa. If you want to keep your EAD, you should make sure that the H4 is transferred concurrently.  If this is done properly, then your H4 EAD will follow the H4 visa. In case, the lawyer or the company omits the transfer of the H4, then if you are seeking to move the H4 at a later stage, there is a chance that you might have to file for a new H4 EAD.

What happens if the employer cancels the spouse's I-140 after the transfer.

If the H4 is transferred 'properly' before the I-140 is cancelled, you should be able to keep your H4 EAD until the end date on the card. However, if the I-140 is cancelled prior to the transfer of the H4 status to the new H1 or it is cancelled during the transfer, there is a chance that your EAD will be revoked.

Do not take chance on your H4 EAD.

We recommend you talk to an experience H4 visa lawyer or EAD lawyer before you transfer your H1B or H4.  Shah Peerally has fought for years for the rights of the H4 and ultimately the H4 EAD. He is a very experienced immigration lawyer, please call him at (510) 742 5887 for a full consultation.