Switching employer with wife's H4 still pending for extension, please help!

USA H1B
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Hello @anil_am22 ,

I’m currently working for employer A (H1b expiring July 2021), I applied for H1B extension (PP) got approved (for 3 years) within 2 weeks. Also, applied for my wife’s H4 extension still pending. (April 12th, case was received, same date as mine)

  1. Now I’m trying to change my employer, will this affect my wife’s current H4 extension?

  2. Now that Biometrics has been suspended by USCIS should I expect my wife’s H4 to be approved within the next month or two? Should I wait for my wife’s extension and then make the switch?

  3. If I transfer to employer B should I transfer my wife’s H4 as well?

Please respond to my query. I appreciate your help.

Thanks so much.

2

No. Your wife’s H4 is independent of your employer. As long as you. the principal, maintain your H1B status, no matter who your employer is or if you switch employer, your wife’s H4 will not be affected.

Please checkout the processing time for I-539 based on the service center - Processing Times
No need to wait for your wife’s H4 extension.

As explained above, H4 is not tied to the employer, it is rather tied to the principal H1B holder. In simple words, you the H1B holder is the sponsor of the dependent’s H4 based on the valid H1B status.

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@Kalpesh_Dalwadi
Thank you so much, sir. I really appreciate your input.
_/_

4

@Kalpesh_Dalwadi

Quick question for you based on your feedback/solution.

  1. If I now transfer my H1b to employer B what do I do with my wife’s H4? Her current H4 expires in July 2021 as my previous H1?
    (As her current extension process (initiated by employer A) is in pending status and might get denied after me switching or get a rfe.)

Thanks for your help in advance!

5

Hi,
Please refer to the below link. This has been addressed by Anil (@anil_am22 ) already.

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