Thursday, June 23, 2016

What happens to the H4 visa and the H4 EAD when the H1B is terminated?

In our previous video (see video below), we discussed about issues relating to H1B and layoffs. While the H1B layoffs is painful, the H4 visa holder also feels the pain when the H1B is terminated. As such someone who has had his H1B terminated and is not able to transfer H1B and the H4 on time, will see their spouses H4 visa and H4 EAD terminated by operation of law. This in turn means that the H4 EAD holder has to stop working because the H4 EAD will be invalidated. In order to fix the H4 and H4 EAD, you need to first fix the H1B situation. Once you fix the H1B visa through either transfer of status or new employment with consular processing, you also need to do the same for the H4 Visa holder. This means that you either need to file H4 visa extension (if H1B is transferable) or travel outside to have the H4 visa reinstated at the port of entry. Please do not forget that the H4 is attached to the H1B and ultimately the EAD attached to the H4 is affected by termination of the H1B. If you need help, feel free to call (510) 742 5887.