H1 Transfer and H4 Extension


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.

  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.

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.

Even if not withdrawn, H-4 perition would be abandoned or denied as the accompanying H-1 has been withdrawn.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

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?

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 You receive H-1 approval from new employer, then old H-1 is withdrawn - but not Last Action Rule applies. Same thing for H-4: you receive H-4 approval from new employer, then old H-4 is withdrawn or denied or abandoned.