How to Handle H4 EAD and H1B Transfers for New Employees?
What should be done if the H1B is withdrawn but the H4 EAD is still valid?
What options are available for H4 visa holders who want to convert to H1B visa status?
Handling H4 EAD with H1B Transfers
When an H1B is withdrawn but the H4 EAD is still valid, no action is required for the H4 EAD. The H4 EAD is based solely on the H4 status, which in turn is based on the H1B status. As long as the H1B status is valid with an approved i140, the H4 EAD will remain valid.
If an employer terminates the H1B employment or revokes the H-1B visa, there is a grace period of approximately 60 days for the individual to find a new sponsoring company, change status, file i140 petitions, or leave the country.
Any H4 visa holder can potentially convert to H1B visa status as long as they meet the H1B visa requirements. The H4 visa holder's sponsoring company will need to file their H1B petition, submitting the Form I-129.
Handling H4 EAD with H1B Transfers in Detail
Handling the situation where the H1B is withdrawn but the H4 EAD remains valid can be a crucial process for individuals and their families. It is important to understand the options available in such scenarios.
The H4 EAD is directly linked to the H4 status, which is dependent on the H1B status. As long as the primary H1B status remains valid with an approved i140, the H4 EAD will remain in effect. There is no immediate action required for the H4 EAD if the H1B is withdrawn by the employer or revoked.
However, in the event of H1B termination or revocation, the individual has around 60 days to take necessary steps, such as finding a new sponsoring company, changing status, filing i140 petitions, or departing the country. This grace period allows for adequate time to handle the transition smoothly.
For H4 visa holders looking to convert to H1B visa status, meeting the specific H1B requirements is essential. The sponsoring company must file the H1B petition on behalf of the individual, submitting the required Form I-129 to initiate the process.
By understanding the intricacies of handling H4 EAD with H1B transfers for new employees, individuals can navigate the process effectively and make informed decisions that align with their immigration status and goals.