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 -
- Do we have to file an H4 transfer for my spouse? If yes, can we do that with the old COS application being pending?
- 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?
- Should I go ahead with the H1b transfer? Will that cause my spouse to be out of status in any way?