Impact of H1B Transfer on H4 EAD: A Comprehensive Guide
Overview
The H4 Employment Authorization Document (EAD) allows eligible spouses of H1B visa holders to work in the United States. When the H1B holder transfers to a new employer, it raises questions about the validity and renewal of the H4 EAD.
Impact of H1B Transfer on H4 EAD Validity
The transfer of the H1B holder to a new employer does not automatically invalidate the H4 EAD. The H4 EAD remains valid until its expiration date, regardless of the H1B transfer.
Renewal of H4 EAD After H1B Transfer
The renewal process for the H4 EAD after an H1B transfer depends on whether an approved Form I-140 petition exists for the H1B holder:
- If an Approved Form I-140 Petition Exists:
In this case, a new I-140 petition is not required for H4 EAD renewal. The H4 spouse can file for renewal using Form I-765, Application for Employment Authorization, along with supporting documentation, including:
- Copy of the H1B holder’s passport and visa
- Copy of the H1B transfer document
- Evidence of the H4 spouse’s H4 status
- Copy of the expired H4 EAD
- If No Approved Form I-140 Petition Exists:
A new I-140 petition must be filed for the H1B holder before the H4 EAD can be renewed. The I-140 petition can be filed concurrently with the H4 EAD renewal application or separately.
Important Considerations
- The H4 EAD holder must maintain a valid H4 visa status throughout the renewal process.
- If the H1B holder’s new employment is in a different location, the H4 spouse may need to file a change of address with USCIS.
- It is advisable to file for H4 EAD renewal before the current EAD expires to avoid any gaps in work authorization.
Official Information Source
For comprehensive and authoritative information on H4 EAD renewal after H1B transfer, please refer to the official website of United States Citizenship and Immigration Services (USCIS): https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-spouses-and-children-h-4
Frequently Asked Questions
Q: How long is the H4 EAD valid after H1B transfer?
A: The H4 EAD remains valid until its expiration date, regardless of the H1B transfer.
Q: Do I need to file a new I-140 petition for H4 EAD renewal after H1B transfer?
A: If an approved I-140 petition exists for the H1B holder, a new I-140 petition is not required for H4 EAD renewal. Otherwise, a new I-140 petition must be filed.
Q: What documents are required for H4 EAD renewal?
A: The required documents include a completed Form I-765, passport and visa copies for the H1B holder, H4 EAD renewal document, and evidence of H4 status.
Q: How can I check the status of my H4 EAD renewal application?
A: You can check the status of your H4 EAD renewal application by visiting the USCIS website and entering your receipt number.
Learn Today:
Glossary of Definitions
1. H1B Visa:
This is a type of U.S. work visa that allows U.S. companies to employ foreign workers in specialty occupations that require technical or theoretical expertise. Common fields for H1B workers include IT, finance, engineering, and medicine.
2. H4 Visa:
This is a visa issued to the dependent family members (spouse and children under 21 years of age) of H1B visa holders. Holders of the H4 visa can live in the U.S. but needed specific authorization to work, which can be provided by the H4 EAD.
3. H4 Employment Authorization Document (EAD):
An H4 EAD allows eligible H4 visa holders (spouses of H1B visa holders) to legally work in the United States. The EAD is a document that proves the holder is allowed to work during its validity period.
4. Form I-140:
This form, Petition for Alien Worker, is used by the U.S. Citizenship and Immigration Services (USCIS) to process an immigrant visa based on employment. For H1B visa holders, an approved I-140 indicates a step towards permanent residency (often called green card status) and supports the eligibility for spouses holding H4 visas to apply or renew their EAD.
5. Form I-765, Application for Employment Authorization:
This is the form required to be filed by H4 spouses seeking to obtain or renew an EAD. It must be accompanied by proper documentation as evidence of the eligibility for work authorization, including details of the H1B visa holder’s employment and legal status.
These definitions provide clarity on the processes and terms used in relation to the working status and permissions of H4 visa holders, especially in the context of changes in the H1B visa status of their spouses.
This Article In A Nutshell:
H4 EAD remains valid after an H1B transfer. Renewal is influenced by the existence of an approved Form I-140 petition for the H1B holder. Essential documents include I-765 form, passport copies, visa, H4 EAD, and proof of H4 status. Always ensure timely renewal to avoid work authorization gaps. Source: USCIS website.
— By VisaVerge.com
