+1-800-997-1228

Free Evaluation

Please click here to get started
Questions and Answers > H-1B Visa

How will the H-1B transfer of my wife affect my U.S. entry as an H-4 EAD holder?

I have a valid H-4 visa and recently got my H-4 EAD (never used) through April 2023. Also, I am holding a stamped H-1B (never used) through 2025. I am working in Mexico. The H-1B transfer of my wife will be filed in a week to move from Employer A to Employer B under premium processing. Can I enter the U.S. after the H-1B transfer of my wife is approved using the current H-4 visa with Employer A? Will the H-4 I-94 issued at port of entry be mapped to I-94 of approved H-1B I-797 from Employer B or current H-4 visa expiry date? After entry, can I start working using the H-4 EAD? Once I enter the U.S. on my H-4, can my H-1B still be valid and can be used later through change of status?

Click here for a Free Evaluation

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You should be in the U.S. when your wife files to change from employer A to B. You may get in with the H-4 but it is not clear whether your work authorization will be valid.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You may only be on one status at a time so if you enter on H-4 you would need to either leave and return on H-1B status to change categories (if you do not have a visa in this category then an H-1B visa would be required) or you can do a COS in the U.S. to get into H-1B status from the H-4. The H-4 is not employer specific so you do not need to wait for the new H-1B approval to enter. If you do wait, they should track the I-94 card date to end with your spouse''s petition approval ending date provided you have the requisite visa.