H1B Transfer with dependent H4 COS in progress

Hello - Can someone help me with the questions I have?

In July I applied for my spouse’s COS status from H1B to H4 with EAD as my I140 is approved. Now, I am planning to change my employer as I have a better opportunity. Me and my daughter have H1B and H4 approval till 2019

  1. Will I be able to change employer when my spouse’s H1B to H4 COS is in progress? (They say it takes 4 months for the COS to kick in)

  2. What will happen to her H1B to H4 COS?

  3. Should I wait till the H4 COS has happened or transfer my H1 and reapply through the new employer for both my dependants?

  4. If it takes time for my H1 transfer to happen, should my spouse have to maintain H1B status? We have given July 14 2016 as COS request date?


  1. I would suggest applying another H-4 COS + EAD for her. Her old COS is to an employer who will no longer be your current employer 4 months from now.

  2. You can withdraw the old COS application. Yes, it will be loss of money

  3. See (1)

  4. I have been told that as long as H-4 COS application is pending, she can stop working on H-1. The only problem would be if her COS is denied. At that point, she would have already stopped being on H-1 and would not have H-4.