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H1 Transfer when H4 is extension is pending

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  • H1 Transfer when H4 is extension is pending

    I-94 expiry date - April 2015, Petition filed Feb 2015. We received RFE and have responded and I got my H1B Approved in September but for spouse it is still pending with USCIS. Almost 7 months have passed and on verge of completion of 240 days timeline.
    I got an offer and transferring my H1 from Employer A to B.
    Question :
    1. Should I transfer my H1 without H4
    2. If we file the transfer for both H1 and H4 will it impact H4 in any manner as initial petition is still pending

    Appreciate your early response.

  • #2
    Since it has been a long time, you should take an infopass appointment with USCIS to discuss your dependent's case.
    That being said, your new employer can file both H1B transfer and H4 for your dependents. H4 extension can be filed based on the pending H4 with USCIS. There won't be any issues.
    Not a legal advice. Use of this information is strictly at your own risk.

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