I’m currently working for a consulting company on a H-1B which is expiring April 2026. My spouse is working on H4-EAD with the same expiry date.
The end client company is now converting me full time and had filed for a H-1B transfer/Change of employer in mid September along with H4 in premium.
The attorney said that they would file the H4-EAD extension in October once we are in the 180 day window to file the H-4EAD extension so only H-1B+H4 have been filed concurrently.
While a formal offer letter was not provided at any time a verbal offer was discussed and the recruiter said he would present an offer/start date once transfer was filed. This I’m assuming probably could be due to the fact that I am already working as a contractor for them.
Now as soon as the transfer was filed the proclamation news came out after a couple of days and the recruiter did not provide any letter and said that he was now waiting on HR word to proceed or go ahead.
First week of October an RFE was issued on my H-1B transfer and I’m now awaiting further details of the RFE from the attorney as of now.
1.) Due to this uncertainty and delay with the RFE I am now exploring my options. Can I ask my current employer to file for an H-1B extension while the H-1B transfer is pending.
Also, Can I file for my H4 and H4EAD too along with my extension even though they are filed with the above transfer. H4EAD extension is not yet filed
2.) Another option I am also exploring is if I should find another job/employer if things don’t work out and contract ends in Apr 2026. I’m not sure if the client company could rescind pull back after filing an actual H-1B transfer but there is lack of response.
Can a H-1B transfer be initiated with the new employer while above is pending.