H1B transfer while h4 extension pending

Hi all,
Current situation:
I am currently working on an H1B visa with employer A.
Recently, my H1-B extension petition got denied. It got approved the second time - before the expiry of my original H1-B petition.

Now, I have my approved H1-B visa approval with me. (I have not gone for stamping yet).

But my wife’s H4 application is still in progress. This is her second H4 extension application as her first application was denied because my first H1-B extension application was denied)

Now, I have an offer from employer B which I am really interested to join.

My question is:
Should I wait for my wife’s H4 extension application to be approved first and then switch to employer B? The reason I am asking is because my wife has completed her biometric appointment in Oct 2nd week and it will be at least 3-4 months before USCIS will approve her application. (which is sometime in Feb 2020 roughly - this is assuming we do not get any RFE for my wife’s H4 extension application).

My fear is if I change in, let’s say, in January 2020 then employer A revokes my H1-B when I leave. (and I think USCIS revokes H1-B visa in about 30 days) then that might affect my wife’s H4 application and hence her eligibility to stay in USA.

Please confirm what is the best route here to consider?

Hi @mHVK21

Your pending H4 extension can continue its processing. The employer can only withdraw the H1B and not the H4 extension application.

If USCIS needs information about your H1B status after your old employer withdraws their H1B, USCIS will send an RFE to request more documents.

Your wife can stay in the US as long as she has a pending H4 application.

But, if you want to be on the absolutely safe side, you can apply for H4 transfer as well to make sure there are no RFEs or unintentional denials from USCIS.

Thanks for the clarifications.
Can you please confirm a related question for H4 EAD?
My wife also has to apply for her EAD application. We’re planning to apply before her H4 gets approved.

I know we don’t gain any time on EAD by filing ahead of time. (I read one of your posts here)

Our doubt is on the H4 EAD fees to be paid to USCIS- should we pay $410 or $495? (which includes the $85 fee for biometric appointment)

Does my wife’s H4EAD application also require her to do biometrics again? (She has already completed her biometric appointment for her H4 extension application)

H4 EAD application does not need biometric. You need to pay only $410 at this time.

Hello Anil,

My recent H1b Extension Approved. H4 is in bio metric phase.

I have new offer from Company B .can i apply new H1b transfer ? How it works with H4? What happens if the current employer revokes H1b does it impact my dependent H4 application with new employer as we still didnt receive approval with current employer for H4

Thanks Anil,

My H1b is approved till November 2020 and my wife’s H4 is still in progress.

The new employer is applying H1 transfer for me along with H4.

Just wondering can we apply new H4 if the current H4 is in progress.

Hi @myh1b

You can apply new H4 even when a current H4 extension is in progress.

Hello Anil,

My current employer H1b is valid till November 2020 and H4 is in progress( Bio-metrics Completed)

A new employer has applied for H1b transfer and it is approved as well as of yesterday. There is no update yet for H4. can I move? Is there is any issue with this situation

1 Like

Hello!

Was the H4 filed by the new employer approved? Did you know if there is any impact on the H4 filed by your current employer?

I’m in the same situation - my husband’s current employer filed H1 extension along with H4 and EAD extension in December 2019. H1 has been approved but H4 and EAD are still pending. Now he wants to move to a new company and the new employer said they would help us apply for H1 transfer along with H4. We don’t know how this would impact my current H4 and EAD petitions. Your response is greatly appreciated!

Hello,

It’s still in process.

I have given fingerprints. Waiting for decision

Hi,
My H1 Extension along with H4 was filed in April 2020 by my employer A
H1 got approved in May 2020 for a period of 3 years.
But H4 applications are still pending with USCIS.
Their I 94 have expired in June 2020.

Now I am planning to transfer my H1B to a full time role with employer B
I want to know what happens to the pending H4 applications?

Can Employer B apply for H4 extensions along with my H1B transfer?
Please note that I94 for H4 candidates have already expired in June 2020.

In case my transfer with Employer B gets approved and I join them after leaving Employer A.
I understand from your previous responses that the pending H4 applications might get an RFE.

How will I come to know about the RFE, as this was filed by employer A.

Who would be responsible for responding to the RFE as I will not have any association with Employer A attorneys at that time?

What happens if Employer A attorneys are not willing to respond to RFE?

How to handle such scenario?

Hi @imtiyazh_mohammed

You will be responsible for responding to H4 RFE.

H4 is an individual application and not an employer sponsored one. Only H1B is sponsored. There is a difference between the two.

Thanks Anil.
So I think I will go ahead with my transfer application.
Hopefully I should not get an RFE on the H4.

H1+H4+H4EAD receipt date: 12 Feb 2020 (Texas Service Center)
H1 Approved: 25 Feb 2020

H4 & H4 EAD expedite request filed: 15 Jul 2020
H4 Expedite request APPROVED: 21 Jul 2020
H4 EAD expedite request DENIED: 17 Jul 2020

The twist is, since the H4 EAD is impacting my employment my employer filed for H1B COS on 21st Jul 2020 in premium processing (Vermont).

Now it is race against the clock and the timing of H4 & H1B approval. I am hoping that H4 gets approved after my H1B then i will have to file for my H1B COS again??

My Current EAD expires on 31 Jul 2020. whichever way, it looks like i will have an impact on my employment.

any advise?

Hello Anil,

I am in H1b visa with i140 approved. My visa I94/visa is valid till November 2020. My Current employer want to file extension and amendment with in 2 days in regular process. I am working with another employer and they will initiate visa transfer by next week in premium process. Since both the petition will refer to my I140 “A” Number,
will there any possibility for an RFE or issues in my visa transfer?
I am going to join the new employer in receipt, is it possible for my current employer to withdraw my old petition(which is valid till nov) then what will be my status when my new employer Filed visa got denied or something? What will be the best option?
I highly value your recommendation.

Thanks,

Hi Imtiyazh,

Is any update on your case? I’m also on same boat. H1B approved for 3 years, H4 still pending with UCSIS(Biometric also not done yet) and I94 expired.

What are my options?

We are going through a similar situation now.
H4 & H4 EAD were valid Until July 31st

Filed for H4 + H4 EAD extension in: Feb 2020 along with H1B (in premium)
Company filed for spouses H1B: July 2020
H1B Approved: Aug 2nd week (stated working)
Filed Withdrawal of H4 + H4 EAD: 3rd week of Aug
H4 Got Approved - 1st week of Sep (had to go on Administrative leave)

H4 + H4 EAD withdrawal request got processed: 3rd week of Sep.
The Case status of approved H4 now says “On September 21, 2020, we received your request to withdraw your Form I-539, Application To Extend/Change Nonimmigrant Status, Receipt Number SRCXXXXXX, and completed our review. We mailed you a Withdrawal Acknowledgment Notice”

Called USCIS Customer service and they said, now my status is H1B.

But my company attorneys feel that the customer care reps are not legal representatives of USCIS, this is a grey area, so they are recommending to file a new H1B or go out of country and get a H1B stamping.

So, not sure what is the current status of my spouse if USCIS has process the withdrawal of an approved H4? Hope to consult an attorney in next few days.

Hope it helps give you guys an insight into this messy process.

Hi, what happened to your case? I also sailing the same boat and very confused.

Any update on your case. I am on the same boat