USCIS issued H4 EAD Renewal 180 day RFE when Filed with H1B Transfer
USCIS issued H4 EAD RFE when renewal was filed with H1B transfer before 180 days of current EAD expiry. Earlier, USCIS allowed filing EAD out of turn with change of employer.
USCIS has issued an RFE for H4 EAD renewal when it was filed with H1B transfer and H4 extension concurrently.
This is something new and we have never heard of it before.
USCIS does not allow filing for H4 EAD renewal or extension before 180 days of current EAD card’s expiry. The exception that has been allowed though is filing it with H1B transfer application.
But, in this recent case reported on one of the forum, it seems USCIS has started issuing RFEs for filing before 180 days even with transfer application:
Since the introduction of H4 biometric, the H4 EAD applications have taken a hit with ever increasing processing times. Now, this RFE is a new addition to the already troubled H4 EAD workers where may of them have lost their jobs waiting for EAD approval.
H4 EAD 180 day RFE Response
The user has filed the RFE response by submitting his H1B transfer and H4 extension approvals along with the clarification that H4 EAD was filed with H1B change of employer application.
It would be interesting to know how USCIS responds to it. I will update as soon as I hear from the user.
It is also possible that this is just a one off case where USCIS officer was not able to connect the EAD I-765 form with the H1B I-129 application form.
In the mean time, you should be careful.
Is H4 EAD Transfer Required with H1B Transfer?
There is no need to file H4 extension and H4 EAD renewal with your H1B transfer if both have extended validity of more than 180 days.
H4 is a dependent visa and it is not tied to the H1B employer even though the visa stamp in passport might name the employer. The H4 i797 and H4 EAD card can still be used after H1B transfer.
H4 EAD Expedite Requests Rejections
USCIS has also started rejecting the EAD expedite requests even without asking for documents to prove the emergency 2 weeks ago.
It seems that there is a deliberate attempt to delay the work permits as DHS is not able to get the OMB approval for H4 EAD revoke rule.
RN Law group has filed multiple lawsuits against USCIS to get faster H4 and H4 EAD approvals with a moderate rate of success. You can also join the litigation for a fee if you are on the verge of losing your job.
Have you got any such RFE? Do share with us in the comments.
