H1B Transfer and H4 Extension

USA H1B
, ,
#1

Hi

I am US now.

Recently two employers have done H1B transfer ( along with an H4 extension for my dependents) on premium mode same time for me.
EmployerA filed H4 extension separately and EmployerB did along with my H1 petition.
Both H1B petitions got approved now and I decided to go with one of the employers - EmployerA.

My questions are :

  1. What will happen to the H4 Extension petition of EmployerB? Will it be revoked automatically as I am not joining on their W2.
    Do I need to take help from any of the attorneys to withdraw H4 extension petition of EmployerB manually?
  2. Suppose if H4 extension petition of EmployerB is not revoked and if it gets approved ( maybe 6 months down the line and after the H4 extension approval of EmployerA), which one will be the correct H4 status for my dependents? Heard that the most recent approved I94 and approved H4 will be counted. If so, will it be ok and legal if they stay in H4 extension filed by EmployerB?

Appreciate your earliest response.

Regards

#2

You will need to withdraw the employer B H4 application as they can only withdraw H1B.

H4 is a personal application and you can either withdraw the USCIS application yourself or take personally hired attorney help.

#3

Thanks @anil_am22 for the quick response.

Can you please give a reply to Question 2 as well?

#4

Most probably, the employer B’s H4 will be denied if the employer withdraws the corresponding H1B.

#5

Thanks @anil_am22 for the reply.
Let me rephrase my question 2 - In which H4 will be my dependents if employee B is not revoking both H1 and H4 petitions? As I said, I will be joining with Employer A 's H1B and my dependants will be with Employer A’s H4 ( if their EOS approves).

#6

@anil_am22 . Can you please check the above and give your valuable advice on this?

#7

Employer can only revoke H1B and not H4. But, UsCIS regularly denies the underlying H4 if H1B is withdrawn.