H4 Receipts not received. Can I change employer


My employer A has filled H4 extension (I539) for my dependents along with my H1B extension as premium, back in Oct, 2020.

I received my H1B receipt and approval but didn’t received any correspondence from USCIS on H4 extension. Even though checks were cashed. Later, it was found that mailing address on H4 extension was incorrect. So my employer refiled H4 extension on Jan 20, 2021 with correct mailing address and it was prior to H4 I94 expiry (Jan 31, 2021). My employer A has confirmed that UPS package was delivered to USCIS on Jan 21st.

It’s been more than a month now but I have still not received receipt for my dependents. After contacting USCIS, they said it is taking around 90days to send receipts via USPS.

In-between, I have offer from new employer B, who is ready to file my H1B transfer as well has my dependents H4 (I539). But since their I94 expired, they are looking for receipt# of previous H4 extension, which I do not have right now.

My questions are:

  1. Can my new employer B apply for H4 extension along with my H1B transfer, if I do not have H4 receipts for previously applied extension? Although I have the entire H4 petition with me, which was filed in Oct 29, 2020 & Jan 20, 2021.

  2. Can I proceed with my H1B transfer with new employer B, without filling for H4 extension ?

  3. If yes, after my employer A withdraws my H1B, how will it impact ongoing H4 extension?

I sincerely look forward to your response on above questions Thank you!

The pending H4 extension will most probably be denied if your Employer A withdraws their H1B application.

It is recommended to apply the H4 transfer/extension with new employer as soon as you get an H4 receipt number.