H1B transfer while h4 extension pending

Hi Prasanna, what rfe did you get?
What are they asking?

No update on my case yet.
We have the biometrics scheduled tomorrow

Hi Anil,

I have approved h1b til June 2023. I have got another job offer which has work from flexibility unlike my current org which asking me to come everyday.

My wife H4 is still waiting for Biometrics. Do you think should i wait for H4 Approval and then apply for new h1 or just do not take the job.

Hello,

I changed my job back in October and I got my H1 approved but my wife’s H4 is still pending and we have not received any information regarding the biometrics process. I am planning to change my job due to personal reasons, will this affect my wife’s H4? because the current processing time is also taking a lot of time. Could someone please provide me a solution for this?

Thanks
Ravinder

H1b and H4 filed though EmployerA - July 29th
H4 receipt notice - August
H1b Approved - December

I still haven’t received biometrics Appointment.

H1b transfer with EmployerB - In progress yet to be filed

  1. Can my EmployerB raise h4 when I have current h4 pending
  2. If my EmployerA withdraws H1B, will it affect my H4?
  3. Is there a chance of denial as the H1B tied with the H4 is withdrawn?
  4. Will my H4 child go out of status if my EmployerA withdraws as his i94 expired?

@anil_am22 can you please help me with the query

Hi - I have approved H1B till March 2023 and I’m applying for H1B transfer to a diff company. Also my dependent in H4 have approved visa without stamping.

Does H4 needs a transfer when H1B transfer is applied? If so, what would be the fee for H4 transfer. My new employer is asking $1200 for H4 transfer.

Thanks!

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Hi @Celina_Christy

I have already answered everything above here:

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So what if the h4 that is progress gets denied. Is my son out of status or since he has pending h4 transfer in progress he is good ?

Note: My new employer filed h4 transfer along with h1 last week.

@anil_am22 attorney mentioned if the pending h4 gets denied my son might go out of status.

Since h4 transfer is filed along with h1 transfer , as long the new application is pending he is still good right ?

Hi @anil_am22 ,

I have my H1 approved till August 2023 with employer A. H4 extension and H4 EAD are in progress since i94 was expired on 12/31/2020. Now if H1 changes employer,

a.do I need to do H1 transfer alone?
b. do I need to file both H1 and H4 transfer?
c. do I need to file H1, H4 transfer and H4 EAD renewal again all together 3?

please let me know which option is best to avoid out of status for dependents since i94 was expired already, also H4 extension is in progress with current employer.

Am planning to do transfer in premium processing.

Please read my answer above.

There is no need to withdraw pending H4 and H4 EAD application.

Hi Anil,

My husband h1b got approved before 6 months and I am on h4 and I am still waiting for my biometrics.now my husband got a full time job and he is is going to transfer h1b. So my question is do I have to apply for h4 extension again if my husband transfer to new company? Will my biometrics wait time would start from day 1?

Please let me know.

Thanks.
Raavi

Hello Anil,

My case is something similar.

H1B Extension with Employer A filed in June 2020 and approved in Aug 2020 till Feb 2021
H4 Extension filed along with this H1B extension

Now in Feb 2021 Employer B filed both H1B and H4 Transfer.
H4 biometric completed at the end of Feb for H4 extension filed in June 2020

Now H4 extension filed with employer A got denied (yet to receive the notice so not sure about denial reason).

Question is can H4 continue in US as there already H4 transfer in progress with Employer B. will H4 be out of status in this context ? Do we need to do anything with denied H4 extension or just wait for the new H4 transfer result to come ?

@Celina_Christy What happened to your case ? if the pending H4 gets denied will they go out of status or they will be good since they have new H4 transfer in progress ?

You should be able to stay in the US since you applied for an H4 transfer before the previous H4 denial.
The only concern is that USCIS may not approve the H4 transfer since the previous one was denied and no new i94 was issued.

Is your previous i94 still valid? If yes, then you may get a new i94 but if not, then it is better to go out of the US and get an H4 visa, renter, and get a new i94.

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@Mathew1

What happened to your case? Was your H4 able to get the approval?

Hi Anil,

Thank you for the very informative thread. I have a situation which is somewhat different then previous posts and I hope to get your advice.

My previous employer got an extension on my H1B in September 2020. While the H4 I-539 extension for my family was pending (applied on September 2020), I had an H1B transfer to new employer (November 2020) . The previous H1b revoked (January 2021) due to transfer and the dependent H4 extension was denied (March 2021). I was informed in June 2021 and now we have a gap between filing date of new H4. Also the 30 days window to reopen the case using I-290B to is passed. How should I proceed?
Thank you in advance

Hello Ash, I am in similar situation. What happened to your H4 dependent case? How you able to resolve it.

Thank in advance
-Ravi