H4 / H1B Extension Change Job

Background -

My original H1B Petition was valid till Sep 2017, Just last week I got another extension up to March 2018. Now My H1B Petition is valid up to March 2018 for my current employer.

My wife has H4 valid upto Sep 2017. She received H4 using my old petition.

Question -

  1. Since Premium Processing has been stopped If I apply for her extension and If it is not processed by Sep 2017, does she have to leave the country?

  2. If I change the employer in between how exactly H1B and H4 Transfer will work in normal processing? What If there is any RFE and employer asks me to resign?

  3. If new company applies for H1B / H4 transfer and extension and If is not processed by Sep 2017 does she have to leave the country or she can stay as long as H4 extension has been filed and decision is pending with USCIS? Her current i94 has admission upto Sep 2017.

Please advise.

  1. She can stay for up to 240 days after Sep 2017 as long as the H-4 extension is still pending.

  2. USCIS will process H-1 and H-4 cap-exempt petitions (aka transfer) in 6-8 months. If new employer asks you to resign, you will have to find another employer and file transfer.

  3. Same as (1)