Need to wait for H4 approval after H1B transfer to join new employer?

USA H1B
1

Hi Anil,
I have gone through the forum to find the answers to my questions, but need some more clarity.
If I apply for H1B transfer, I understand I must apply for H4 transfer for my dependents.

Q. If H1/H4 transfer are applied in Premium and if H1B gets approved but biometrics for H4 take time, can I start working for the new company after getting approval or I need to wait until H4 is also approved.

Thanks!

2

There is no need to file H4 transfer or extension with your H1B transfer is H4 is still valid. Normally, if H4 is valid for another 14-16 months, you can skip filing H4 extension.

You can join the new employer H1B transfer receipt or approval. There is no need to wait for H4 approval.

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3

Just couple months back I got my H1B & H4 for my dependents extended thru my current company which are valid until Feb’21.
So now if I decide to join another company, as per above answer, I can just get H1B transferred and start with the new company.
At what point I must initiate H4 transfer for my dependents? Thanks.

4

You can file for h4 extension 180 days before H4’s expiry.

5

Thanks a lot Anil for your prompt response.

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6

Hi Anil,
I have an approved H1B with my current employer A until Feb’21. and so do my dependents have their H4 approved.
Now I got another offer from company B. They will do my H1B transfer premium processing. As you advised I told the company that since dependent’s H4 is approved until Feb’21 so we need not do their transfer right now and it can be done at a later date.

But company B’s attorney is saying that they will do H4 transfer also now and that it will not obstruct my H1 transfer in anyway.

But as I understand H1 approval will be blocked until the biometrics for dependents are complete/I-539 is processed.
Is that right or I have a wrong understanding. Can you please advise? Thanks !

7

Hi @donphxsam

H1 approval is NOT blocked by H4 biometrics.

H4 is dependent on H1B approval and not vice versa.

8

Actually post 11/March i.e. when the biometrics for dependents started, I read that H1B premium is taking time as I-539 processing was taking time. May be I misunderstood.

Thanks for clarifying !

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9

Hi @donphxsam

H1B premium is still getting approval within 15 days. Not sure where you read of heard that it is getting delayed.

Change your source of information!

10

Hi Anil,
Please see this link - it talks about similar experiences. My concern was that if H4 approval is delayed, will it hold up H1 approval?
In my case if lets say when new company files H1, it is approved but H4 is delayed; still can I start working for new employer?

Thanks.

11

Hi @donphxsam

If that article is giving you the impression that H1B premium is delayed, then either you are reading it wrong or the article needs correction.

Only the H4 and H4 EAD approvals are processed in regular timeline even if you file them with H1B premium.

H1B premium is still getting result within 15 days. H4 delay cannot hold H1B as H1B is not dependent on H4 as I already said earlier.

12

ok Anil. thanks for clarifying. May be my interpretation was wrong. I will keep you posted on my experience.

13

hi Anil.
As I mentioned above, I got an offer from a company. They filed for H1B transfer via premium processing on 19/Aug. They got a receipt notice via email on 20/Aug. Today it’s the 12th day. Since it’s a long weekend, what are my chances of getting a response in next 3 days? Does USCIS also work during weekends/holidays to process petitions filed via pp?
Thanks.

14

Hi @donphxsam

The timer starts on the receipt date mentioned in the notice. I have not seen any case where USCIS delays beyond 15 calendar days.

You should get something by 15th day.

15

Thanks Anil for your prompt response.

1 Like
16

Hi Anil,

Position: Big Data Engineer
SOC Code: 15-1199.00 - Computer Occupations, All Other

I thought Software Developer would have been best SOC code, but the Attorney said that with his experience he said the above is the best one. I was not in a position to discuss further with him. What do you think about approvals for this SOC code?
Thanks.

17

Hi @donphxsam

Approvals are not given simply on the basis of SOC code.

All other paperwork along with job details count too. I cannot really estimate the approval chances based in SOC code.

18

Understood. thanks Anil !

19

hi Anil,
Today was 14th day, got an RFE. yet to know the reason. It was as if just couple days were pending so they gave RFE. Very convenient.
Any idea after responding how much time would USCIS take to review in case of PP.

Thanks.

20

Hi @donphxsam

RFE response is also processed within 15 days once you submit it.