H1b transfer while spouse's F2 to H4 COS (I539) still pending

[hdhbsx (Harish)]

Hello, I am currently working for Employer A on F1 with my H1b approved and will start from 10/01/2021 but my spouse’s F2 to H4 COS (I-539), which was filed together with my H1b application, is still pending approval. Based on the application processing times on the USCIS website, it might take 12-14 months for that application to be processed.

My F1 will be expiring on 09/30/2021 so will be my spouse’s F2. I have got an opportunity from Employer B and ready to file an H1b transfer. I have the following questions -

1. Do we have to file an H4 transfer for my spouse? If yes, can we do that with the old COS application being pending?
2. I have heard that after filing an H1b transfer, the previous employer revokes the H1b. So will that affect the spouse’s current H4 application?
3. Should I go ahead with the H1b transfer? Will that cause my spouse to be out of status in any way?

[Kalpesh_Dalwadi]

@hdhbsx

Do we have to file an H4 transfer for my spouse? If yes, can we do that with the old COS application being pending?

Yes, ideally you should file for H4 extension of status with H1B transfer. I am assuming you will file for H1B transfer after 10/01/2021.

@hdhbsx

I have heard that after filing an H1b transfer, the previous employer revokes the H1b. So will that affect the spouse’s current H4 application?

True. Once the H1B is withdrawn by the ex-employer, USCIS may send RFE to submit the new H1B approval notice.

@hdhbsx

Should I go ahead with the H1b transfer? Will that cause my spouse to be out of status in any way?

You can apply for H1B transfer in premium processing and include the F1 to H4 COS receipt with the H4 extension of status application.

Work with the immigration lawyer of your new employer to discuss the H4 case and follow their advise.