H1 Transfer and H4 Extension

USA H1B Visa
1

Hello,

I am working with Employer A with valid i-94 until Aug 2016. My Employer A applied for H1 and H4 (Spouse ) extension and is in progress.

Now I got offer from Employer B and applied for H1 transfer and H4 extension. Both H1 and H4 are approved with new i-94 until 2019.

I am assuming that employer A will withdraw H1 extension but not H4 extension.

My Questions:

  1. Will USCIS approves H4 extension from employer A.

  2. What will happen if H4 extension from employer A approved with different i-94. Which I-94 should be considered for stay.

Your answers are really helpful.

2

  1. Why will A not withdraw H-4 extension? Your spouse can withdraw H-4 extension if A doesn’t agree.

  2. All I-94s will have the same number as you haven’t left US since these petitions were filed. It’s the expiration date which will be different. Usually H-4 I-94 date mirrors H-1 797’s expiration date. If A withdraws their petition, then I see high chance of A’s H-4 extension running into RFE and possible denial.

3

1.My employer A had given my address to USCIS for H4 extension and they don’t have H4 extension petition number. I am assuming that they can’t withdraw H4 extension as they don’t have petition number.
2.What will happen if H4 extension is denied. Will my spouse becomes out of status.

4

Even if not withdrawn, H-4 perition would be abandoned or denied as the accompanying H-1 has been withdrawn.

No impact as another H-4 petition through new employer would be in play.

5

Thanks Saurabh for the answer. Wouldn’t it not comes under Last Action Rule? Would H4 from new employer valid even H4 extension is denied from current employer?

6

As H-4 is denied from current employer, it won’t be part of Last Action Rule. Only approved petitions play in that.

Beside, H-1 situation is no different. You receive H-1 approval from new employer, then old H-1 is withdrawn - but not Last Action Rule applies. Same thing for H-4: you receive H-4 approval from new employer, then old H-4 is withdrawn or denied or abandoned.