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

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?

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.

Understood. thanks Anil !

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.


Hi @donphxsam

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

Hi Anil,

Can you please kindly clarify on the below question.

My H1 was valid earlier till Aug 15th, 2019 with my current employer. We filed extension for both H1 and H4 applications.
My H1 extension was approved for just 1.5 months till Sep 30th, 2019 and H4 application is pending for approval. Now my employer has filed for my H1 extension and H4 extension again.

I got an RFE for my H1 extension and hence H4 is also still pending. Now I got a new job with a new employer and my H1 transfer is approved before Sep 30th and H4 transfer application is still pending.

Given the above scenario, can you please reconfirm if My dependent is “in status” now and will be “in status” even if i move to the new employer.

The reason for asking this is her H4 is expired on Aug 15th, 2019 and all her H4 applications(3 applications) are still pending for approval.

Hi @Bhanu

H4 is in legal status and can stay in US as you filed H4 extensions before H4 i94 expiry.

Hello Anil,
I am new to this forum. This is my situation:
a) My current employer applied the H1 renewal petition in Oct and I received approval on Oct 18th. They also filed for the H4 renewal. Finger print scanning was done on Oct 18th.
b) I am moving to a new employer, H1 transfer was applied and it was approved on Nov 16th. I will be starting on Dec 2nd.

My questions:
a) My current/former employer will be cancelling my H1. That being said, Will it automatically cancel the H4 petition & I need to re-apply for the H4 renewal, or since that I am having a valid H1 [from the new employer], the existing H4 renewal petition will be untouched ?

b) Can I apply for H4-EAD without H4 approval and with my new employers I-797

c) I believe Nebraska center takes 4+ months for H4 approval. Is that still the case or anything changed ?

Please let me know if I may have missed anything.
Really appreciate your help & Thanks in advance.

Hi @tonyboysmith

Your question has been moved here as it has already been answered above.

You can apply H4 EAD with pending H4 extension.

Hello Anil,
Thank you for the quick response.
My old employer cancelled my H1 and because of that USCIS denied H4 petition (Received the denial notice 4 days ago).

I am working with my new employer to refile the H4 petition again. Do I need to file a new one or is there a way to amend or file a motion to reopen or reconsider the denied/existing case (Via I-290B) ?

I am asking this because, as you may know it takes 6 months. Since the old petition was applied in October, I don’t want to loose that time and restart the 6 month clock again.

Please let me what would be the ideal process.


Hi @tonyboysmith

My suggestion is to file a new application as MTR can itself take more than 6 months. If MTR is denied, you will anyway have to file a new application.

So, its better to file a new H4 application to save time and effort.

Hi Anil,

Mine and my wife’s H1, H4, H4EAD expire end of December 2020.

If I am applying for H1 transfer, can we also file for H4 and H4 EAD along with?
The company says we can’t file H4 extension or EAD extension before July 1, 2020 (180 days before).


You can file H4 and EAD along with H1B transfer. Many attorneys have reported that they were successfully been able to file H4 and EAD before 180 days when they filed it with transfer specifically.

A post was split to a new topic: Can H4 be filed by new employer (with new passport) when another H4 extension from current employer is pending (with old passport)?

A post was merged into an existing topic: What happens to pending H4 EAD extension if I file H1B transfer?

A post was merged into an existing topic: Can I enter US with previous company visa stamp?

Hi Anil,
I applied H4 extension on Jan 21 with employer A.
Applied h1/h4 transfer with employer B on Apr 21.
H1 approved but H4 is in pending. H4 I94 expired on May 21. Now I got a new job with employer C and I did send withdraw notice on June 21, no updates yet. My new employer C says they will file H4 transfer pointing to old H4 receipt notice.

Now if USCIS denies h4 extension that was applied on Jan with employer A, is my spouse can still continue to stay or what should we do

A post was merged into an existing topic: Can I enter US with previous company visa stamp?


Could you Please advise in below scenario:

EAD Is expiring on 12/2022
Spouse changing his job now.

Should we let employer file H1B transfer and H4 extension together? We cannot file H4 EAD renewal now as it is more than 180 days.


Should we only file H1B transfer now and file
H4 Extension and H4 EAD renewal in June?

File H4 extension of status along with H1B transfer. That way if it gets approved before you file for EAD extension, your EAD will get automatic 180 days extension from its expiry date and you can continue with your EAD job.