Transfer Kids H4 from my H1 to spouses H1

USA H4
1

Hi, Both me and my wife have different H1B. My kid is a derivative of my H1 and has a valid stamping till Sep2025. My wife has her H1 stamped till Aug 2025. Now I might have to travel back to India and stay there for an year to get EB1C eligibility. However, our plan is to have our kid and wife stay back in US during this period. Now what should we do with our Kid whose H4 is a derivative of mine, what is the process of her H4 being transferred to my wife’s H1.

Is filing a I539 for change of status on our kids h4 to my wifes h1 sufficient

2

Yes, you can file form i539 and use your wife’s H1B. That should be enough.

3

Thank you Anil, and she can stay here on receipt and I can travel out of US once the application is filed?