H4 to H1 InProcess & Husband H1b transfer from company A to B

Hi All,


I'm in US with H4 status and filed H1B recently June 2012 and its under processing. 


If I will get H1, the status will be valid from Oct 1, 2012.


In the mean time, my husband transfering his H1 to another employer & his new employer is asking for my documents to file for my H4.


My queries are:


1) Does my husband need to file for my H4 again? If Yes, then If my husband's new employer filed for my H4, will that impact my In-Process H1?


2) Will the new H4 status override the H1 status as the H4 is going to be the latest?


I am sure this question might have been asked earlier but I would really appreciate if someone can please answer this again.



Thanks in advance.
  1. It is not required to file your H-4 as long as you have valid I-94 beyond Oct 1.

  2. There is something called “Last Action Rule” which will come into play. If H-4 gets approved after H-1 approval, then eventual status will become H-4. My suggestion would be to not apply H-4 for now and let your H-1 processing continue. If H-1 gets approved, you are all set. In case H-1 gets denied, then you can apply for H-4 extension through your husband’s new employer before H-4 I-94 expiration date.