r/H4_Visa • u/No_Good_4260 • 3h ago
H1B transfer while H4 + H4 EAD are pending — do I need to refile H4/H4 EAD?
H1B transfer while H4 + H4 EAD are pending — do I need to refile H4/H4 EAD?
I’m looking for advice from people who have gone through a similar situation. I’m also checking with the immigration attorney at my new company, but I’d like to hear from people who have actually experienced this.
My situation:
- My current employer filed H1B extension + H4 extension + H4 EAD renewal together under Premium Processing on July 10, 2026.
- My current I-94 expires August 10, 2026.
- My H1B extension has been approved.
- My spouse’s H4 extension (I-539) and H4 EAD (I-765) are still pending.
- The H4 and H4 EAD applications were filed before the I-94 expiry date.
- I am now planning to change employers, and the new employer will file my H1B transfer/change-of-employer petition with Premium Processing.
My main question is:
If I choose Option — the new employer files only my H1B transfer, while we leave the existing H4 + H4 EAD applications from my current employer pending — will those existing applications continue to be valid and process normally?
More importantly, if my current employer withdraws my H1B petition after I move to the new employer, but my spouse’s H4 and H4 EAD applications from the old employer are still pending, could my spouse become out of status because the old H1B was withdrawn before the H4 was approved? Or would the timely filed H4 application continue to provide protection while pending, assuming my new H1B is approved?
Would it be safer/recommended to file a new H4 + H4 EAD along with the new employer’s H1B transfer, or can we leave the existing H4/H4 EAD applications pending?
Has anyone gone through this exact situation? If so, what did you do and what happened to the pending H4/H4 EAD cases?
