H4 extension with new employer

USA H4
, ,
1

My current employer had applied for h1b extension request for me and h4 extension request for my dependents (wife and child)

Both these requests are still pending with USCIS. My current i94 is already expired on 09/30/2024.

I have resigned from current company on 09/27/2024 and last date here is 10/11/2024.

My new employer has applied for h1 transfer request for me before 09/30 and I got receipt notice. But they are saying they will only apply h4 extension after I join them on 10/14/2024.

After my last day, my current employer will revoke the extension requests most probably on 10/15.

What will happen in this case with my dependents visa, will they be out of status on the day the h4 extension is revoked? Or she would be out of status after 09/30 itself.

Can I apply i539 & i539a on my own before current employer revokes the extension requests?

Or do I need to send my dependents back to India before 10/15 and get them back on new h4 visa?

Or can I wait till 10/15 to file h4 extensions after joining the new employer.

Will this difference between revocation and application with new employer be an issue?

What is my best option.

Please help!!

2

I suggest filing i539 and i539a before your current employer revokes the pending H4 extension.

3

Thank you Anil!

Can I apply i539 and i539a online? I checked and found that we have to file paper application. Is it fine if I apply before the current employer revokes the application or it has to be received by uscis before that?

Also, does the revocation is in effect from my last date or after uscis receives the application?

4

At this time, you will need to fill paper application if you have an H4 child also.

Ideally, the H4 receipt should be generated (with a receipt date) that falls before the current H4 extension is revoked.

If you need help filing it quickly with full support, you can use our service here: