H1B Transfer and H4 EOS Visa status

USA H1B
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1

Team,

Need your help on the below query;

I was on H1B with EmployerA. I came here to the US in Mar 2021 with my dependents(spouse and kids). My H1B and their H4 were valid till Mar 2023.

Last Nov 2021, I got another job with EmployerB from the US, they transferred my H1B and the new I797A is valid till Oct 2024.
Along with H1B transfer, Employer B also filed H4 extension for my dependents, keeping my spouse as the primary applicant for H4. Their H4 EOS was also got approved in Mar 2022 and is valid till Oct 2024.

In Jan 2022, my spouse got another offer from EmployerC, they filed H4 COS (H4 to H1) for him and it got approved in Feb 2022. His new I797A is valid till Feb 2025.
Along with his COS, EmployerC also filed H4 EOS for my kids and the petition is still showing pending in USCIS. Hope their H4 EOS will get it approved soon and the validity will be till Feb 2025.

As my spouse is on H1B now and he was the primary applicant of the H4 EOS petition filed on my H1B, I have asked my EmployerB to revoke/withdraw my dependent’s H4 EOS petition in Feb 2022, but it seems H4 EOS already got approved in Mar 2022. My employer says they have already given the letter to USCIS in Feb 2022.

Questions:

  1. Regarding my kids’ H4 status - are they still on my H1B? if so, how long their H4 visa valid - till Mar 2023 or Oct 2024 ?

  2. Also will their H4 EOS (filed by my EmployerB) come active only after Mar 2023?

  3. In case my kids’ H4 EOS gets approved on my spouse’s H1B, are they still on my H1B or his?
    In either case, how long their H4 valid and after which date it will get reflected or activated?

I am confused about this and really appreciate your response in this matter.

Thanks in advance

2

If both parents are H1B, one of them can be H4 sponsor for kids. Seems like the last EOS for H4 was done after changing job with employer B and it got approved too so it should be valid till Oct 2024.

Latest I-94 attached to the I-797 approval notice will override the old I-94 (in your case the one issued by CBP when you entered the US in March 2021.) Once you receive the I-797 approval notice you can check the start date on the attached I-94. In most cases it should be the same as the H4 EOS approval date and the end date will match the H1B I-94 end date.

See above.

3

Thanks for the quick response.

To be clear, if the H4EOS filed via my spouse’ employer gets approved, hope my spouse will be H4 sponsor for my kids and their H4 validity will be same as my spouse’ H1B validity (Feb 2025)

Please confirm.

4

H4 approval validity will match the primary H1B whose I-797 was used for H4.

5

Hi, how much time it took for COS when you did it recently?

6

It was done in premium mode.

7

thanks, i have also applied in premium so want to know how many days it took .