H1 transfer question while spouse COS is pending??

[ShannonGabriel]

Hi,

I was on L1 and transferred to H1B a few months back, but my spouse COS from L2 to H4 is still pending. (L2 I94 is valid till end of 2021)

Now I am expecting an offer from another company. router login
In this case what would happen to the L2 to H4 COS with my current employer if I transfer my H1B to the new employer?
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Should the new employer also file a L2 to H4 transfer ?

Kindly help.

[rkk09]

Hi Member,
Please see my response below.
In this case what would happen to the L2 to H4 COS with my current employer if I transfer my H1B to the new employer?
Answer: If your base H1B petition is not withdrawn by the Employer at the time of Change of status petition adjudication it may get approved.. If H1B petition is withdrawn then H4 will get RFE/ denied.
Should the new employer also file a L2 to H4 transfer ?
Answer: I think they will need to file only H4 petition. Why because, right now you are not on L1 status. So the dependent also will not be as L2. So, there is no point to file change of status petition again when you do H1B transfer.
All the best.
Thanks