H4 EAD - Question

abc.xyz

New Member
Hi, I have a question on H4 EAD for my spouse. this is the first time planning to apply for H4 EAD. We had to file an amendment to change to a new team but the new team falls under different organization with different EIN. So I have a new H1B with my current team and my spouse's H4 is attached to my old H1B but both H4 and my old H1B still have validity. Please note my old H1B has a different EIN compared to my new H1B and my spouse's H4 is tied to my old H1B and I no longer work for old H1B organization.

My question is can my spouse still apply for H4 EAD using my old H1B? Thanks in advance.
 

wagecuck3

Member
H-4 status is not tied to a particular H-1B petition. It remains valid automatically when the principal's H-1B status is transferred to a different employer, provided that the H-4 I-94 hasn't expired.

If your spouse's H-4 status is about to expire within the next 6 months, then they should file for an H-4 extension and an H-4 EAD simultaneously. If not, they should apply for an H-4 EAD now and then file for both an H-4 extension and H-4 EAD renewal when they are within 6 months of expiration.
 
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