Hi, I have H1 approved valid for 3 years with current employer A and H4 extension is pending for 11 months and completed biometrics. Their i94 is expired. Now I have applied H1 b transfer and H4 extension again with new employer B and my H1 b transfer approved for 3 year as well. I learnt that my H4 extension may be denied , if my employer revoked my H1B after I resign.
My question is do they need to go to home country if old H4 extension denied or they can stay here as we have one more H4 extension with new employer which is pending status. Could you please help as I am not having clear picture?
USCIS gives 240 days of authorized period of stay after the I94 expires and while the EOS application is still pending. It is advisable to leave the country after 240 days and go for consular processing based on primary H1B approval.
If you are within the 240 days period, you can send approved copy of primary’s new I797 to the H4 processing center with a cover letter stating the primary changed the job and hope that the documents make it to the H4 extension ( the one applied when you were with employer A) file.There is no guarantee though that it will make to your file.
You should not resign with employer A before your H1B is approved with employer B and immediately submit the above to USCIS upon your H1B change of employer aka transfer petition with employer B. I suggest going with premium processing.
USCIS has changed their policy recently where they may not deny application without sending. RFE or NOID so you may as well get RFE asking for H1B status of primary ( in case employer A withdraw your H1B once you leave) and you can submit the new H1B I797 in response.