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H1b transfer while previous H4 transfer is still pending

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  • H1b transfer while previous H4 transfer is still pending

    Hi,

    I am currently work for company A who recently filed for H1b transfer for me and H4 transfer for my wife. My H1b is approved and my wife's H4 is still pending and depending on current processing time from USCIS, the H4 approval will taken another 5 to 6 months. Now I have offer from employer B who will do my H1b transfer. Now I have few questions:

    1. Does my wife needs to file for new H4 transfer? If yes, should I talk to the employer B about it before accepting the offer?

    2. Can my current employer (Employer A) withdraw H4 transfer application? If so, what will happen?

    3. I have my wife's received receipt from USCIS and it has my wife's name but employer A's attorney address? If I leave employer A, how can I get the original approval receipt for my wife once the H4 transfer is approved.

    Thank you,

    Regards,

    AS

  • #2
    Hi,
    Please see my response below..

    1. Does my wife needs to file for new H4 transfer? If yes, should I talk to the employer B about it before accepting the offer?
    Answer: Yes.. If you transfer your H1B to another Employer, Please also transfer H4 too for better process. As you mentioned, Please speak with Employer/Attorney and provide necessary documents to initiate the process.

    2. Can my current employer (Employer A) withdraw H4 transfer application? If so, what will happen?
    Answer: Yes. You can withdraw H4 petition when you withdraw your H1B Approval. Regarding this, you can request Attorney to do the same..

    3. I have my wife's received receipt from USCIS and it has my wife's name but employer A's attorney address? If I leave employer A, how can I get the original approval receipt for my wife once the H4 transfer is approved.
    Answer: You can request Attorney to share the copy of notice. But, as per my knowledge you will also receive copy from USCIS.
    Thanks

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