H1B Transfer while dependent H4 extension is in pending


I have filed my H1 and dependents extension in the month of Aug 2015 in normal mode. I upgraded my case as PP and got approval in October 2015. But my dependents extension still pending and their I94 got expired in October 2015. Now my dependents are staying with receipt notice since we already filed their extension before their visa expires.

requesting your advice and suggestions on the below questions:

  1. Can I transfer my H1 and H4 to the new employer when H4 extensions are still pending?

  2. Suppose If new employer filed H4 extension using the previous employer receipt notice, will it be approved?

  3. Will they get approval from the date their I94 expired or the date USCIS receives the dependents extension petition from new employer? If approval got with current date, will it be consider the months after I 94 expired as out of status ?

Apology for the similar question already posted but my question is little different. Kindly consider.


  1. Yes. There is only H-1 transfer and nothing like H-4 transfer. H-4s are dependent on H-1 and not the employer.

  2. New employer cannot file H-4 extension as their current I-94 has expired. They need to wait for old H-4 extensions to get approved. Do you know who filed the extensions - you or employer/attorney? If filed by employer/attorney they may decide to no longer support it and withdraw it after you leave them. In that case, a better option is for them to leave US and return on your approved petition to get extended I-94.

  3. Their I-94 should be valid from previous I-94 expiration date to your current 797 expiration date

Thank you Saurabh for detailed answer.

My employer/attorney had filed my dependents extension.

I have one more question/doubt based on your answer.

If my dependents leave the US before approval of their extension, will they be considered as out of status from I-94 expired date to till they leave US? Any issues during visa stamping because of this?

Please help me on this.


No, it won’t be an issue as their extension petition was timely filed.

They should keep a copy of their extension receipt to show it was timely filed.