H1B maxout - Dependent H4 transfer from one parent to another.

[deepakpk]

My H1B max out is in Feb 2021. PERM was approved earlier this year and I-140 was filed in Aug 2020. My employer has filed a post 6th year H1B extension and it is in progress. My wife's H1B visa maxes out in May 2021.
Our child's I-94 expiry date was in Aug 2020. Child's H4 extension as a dependent on my wife's H1B was filed in July 2020 and is pending with USCIS.
I am planning to file an H1B-H4 change of status application for my wife 2 months before her max out so that she can continue to stay in the US.
Can I file for a H4 visa for my child as my dependent while his current H4 extension is in progress so he can continue to stay in the US (post my wife’s H1B max out) OR do I need to wait for the decision on the H4 extension that's in progress?

[rkk09]

Hi Member,
Can I file for a H4 visa for my child as my dependent while his current H4 extension is in progress so he can continue to stay in the US (post my wife’s H1B max out)
Answer: You must have filed H4 petition based on your H1B petition before your kid current H4 expires. Since your wife will be filing change of status petition, she will not be having H1B status, Kid H4 petition which is based on wife H1B may be denied.
OR do I need to wait for the decision on the H4 extension that's in progress?
Answer: Waiting then moving forward is good option.
Thanks