H4 extension/change of status

Hello Experts,
While working for Employer A i received an offer from Employer B and i have initiated a transfer of H1B and H4. Unfortunately i got an approved petition from Employer B with shortened i94 for both H1B and H4. Myself and dependents are continuing to stay with previous approved i797/i94. Since i haven’t joined employer B i am sure there is no issue for me to continue to stay in US. Could you please let me know if my dependents needs new i539 to be filed? or they can go ahead and stay with Employer A approved i539 application(i797/i94). Please help(urgent)



What is the start & end date of the H4 approved based on H1B for employer A & B?

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Thanks Kalpesh,
Employer A- 11/16/2019-10/18/2021
Employer B- 06/10/2020 -09/25/2020

I haven’t joined employer B when i enquired them about if the H1B and H4 petition needs to be with drawn- their response is “no action needed”

I am clear about H1B case little worried about H4 case.

Based on my understanding, the last approval of H4 extension (via H1B with employer B) overrides your wife’s earlier extension per the USCIS last action rule. Assuming you will file your H1B and H4 extension soon with employer A, you may need to apply for an extension for your wife using NPT.

Hi @anil_am22, can you please validate the above statement?

Oh, in that case my H4’s are out of status. When i checked with Employer B he said no action needed from their end. @anil_am22 could you please provide your inputs. what are my options as its already passed 10months. Thanks


Employer B must have withdrawn your H1B so it needs no action from the beneficiary however I am not sure if the H4 too will get invalidated if the underlying H1B is withdrawn. If not then last action rule should apply in your case.

Wait for @anil_am22 to comment further.

I think H4 is fine as long as the H1B maintains the status using the employer A’s H1B.

H4’s extension can be filed to be on safe side or can be claimed to be legal status via current H4 i94 (with longer validity).

I don’t think it will be an issue even though last action rule does conflict it.

Usually, in such cases, people don’t take any action and have not seen any issue with future extensions.


Good to know, thanks @anil_am22 !

Thanks alot @anil_am22 and @Kalpesh_Dalwadi for your inputs.

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