H1B transfer while wife's I-539 (H1 to H4) change of status in pending

[DontAbuseH1B]

Here is my situation,

Currently, I am working with Employer A on H1B visa, Today I got an offer from Employer B, Wanted to transfer my H1B to Employer B.

My wife was on H1B in 2020, stopped working due to some issues. we filed I -539 Extend/Change Nonimmigrant Status ( from H1 to H4) in Sep 2020, which is pending status. (waiting for the biometric appointment.)

Question 1: Is this a good time to transfer my H1B to the new employer (B) while my wife I 539 is pending? will my transfer affect my wife I -539 petition?
Question 2: I have discussed my situation with Employer B they are not willing to file H4 along with my H1B because my wife I 539 change of status ( H1 to H4) is still pending.
Question 3: What are my options if I choose H1B transfer with Employer B without H4 filing.

Please advise,

Thank you in advance.

[rkk09]

Hi,
Please see my response below.
Question 1: Is this a good time to transfer my H1B to the new employer (B) while my wife I 539 is pending? will my transfer affect my wife I -539 petition?
Answer: Yes.. You can do H1B transfer. But, Please make sure, your Previous H1B Approval must be active when USCIS adjudicate H4 petition. When USCIS adjudicate H4 petition, at the time your previous H1B Approval notice got revoked by your Previous Employer, then there is high possibilities of issuing RFE on H4 petition..
Question 2: I have discussed my situation with Employer B they are not willing to file H4 along with my H1B because my wife I 539 change of status ( H1 to H4) is still pending.
Answer: Its not required to file H4 petition again along with H1B transfer.. You can wait for further status on current H4 petition.. In case if you get RFE, at the time you may give additional documents based on RFE requirement.
Question 3: What are my options if I choose H1B transfer with Employer B without H4 filing.
Answer: I dont see any problem filing H1B transfer petition. You can do without H4 petition as you have already pending H4 petition.
Thanks