Spouse H4 status if I do not join new company after transfer H1-B and H4?

USA H1B Visa
1

I am at company A. I am in H1b, my wife is in H4. Both of us are in the US. Both of H1b and H4 will expire in 07/2021.
Recently I accepted an offer from company B. The company B filed H1b for me and filed H4 extension for my spouse in 11/2018. The new H1b and H4 will be extended to 10/2021. The company B filed premium process for my H1b in 03/2019. I can expect the H1b and H4 in company B will be approved very soon. But I do not want to join company B now, and I will still work in company A for family reason.

My concerns are:

If my H1-b in company B and my spouse’s respective H4 extension are approved, I will still retain to work at company A. Based on my study, my status should be fine as I still have valid H1-b in company A. Meanwhile, company B will revoke my H1-b in future, though that does not affect my H1-b status in company A. What will happen to my spouse’s H4? Will she be out of status after the company B revoke the approved H1-b in future, because the H4 is bonded to the company B’s H1-b? Is there a way to keep her correct H4 status?

The problem I can see here is that the extended H4 filed by company B will have later expiration date (10/2021) than my H1-b expiration date(07/2021) in company A, that obviously does not consist. Will it cause problems in the future for my wife to extend her H4?

I super worry her H4 status. Can anyone provide any insights on that?

Thanks in advance.

2

I dont know which H1 of yours may be counted on for your spouse’s H1 visa but I am confident that she wont be out of status as long as you are on H1 status and she had a H4 status (no matter from which H1) at any time. But I would certainly recommend to send this question to the Company B’s attorney. “Since Company B visa is approved, at this point, which company (A/B)'s H1 would be counted for that H4?”

1 Like
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Thank you, ImmiGeek.