Can I change to a new employer while my spouse’s change-of-status application from H1B to H-4 is pending?

Answer

Generally speaking, a job change on H1B is possible when the H-4 COS is pending. The H-4 is spouse specific, not specific to the H1B worker’s job. However, if s/he is also applying for an EAD, your spouse may encounter problems in the job change situation if the EAD is based on an approved I-140. If the petitioner requests revocation of the I-140 due to the job change before the EAD is approved, that may cause the EAD to be denied. (16.Nov.2015)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2015, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.