H4 i94 expired and new employer didnt file i539 with h1 transfer

USA H4
1

Hello,

I had my first H1b filed by employer A, my dependents(wife & child) are in US on H4 visa. The expiry of my H1b was 09/30/2024. My old employer had applied for my H1 extension and my dependents H4 extensions before the expiry. I got a new offer from employer B while petitions were pending and I accepted it and asked the new employer to file H1 transfer for me. They filed H1 transfer on 09/26/2024 in premium. But they refused to file H4 extension requests for my dependents till I join their company.

I served notice period in company till 10/11/2024 and joined the new company on 10/14/2024.

I have received the new i797.

Now, as my dependents H4 visa have already expired, what options I have?

Do I need to file i539 & i539a with NPT for my dependents. Are my dependents already out of status since 09/30/2024?

Old employer has not yet revoked the H4 extension requests.

Kindly help me understand my options.

2

If the old employer has not withdrawn the H1B, then your H4 extension is still active.

Also, employer can only withdraw H1B and not H4.

My suggestion is to send the H1B approval copy to USCIS (called interfiling) and request to add it to pending H4 application. This has a 50-50 chance of success.
The other is to file H4 extension again yourself or ask your new employer to file it.

NPT is not needed in your case.

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