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


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)

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