If H4 transfer with approved H1B transfer denied would H4 applicant has to exit country?

@Anil_Gupta
Hi Anil,

Scenario -

  1. My wife H4 expiry date is March 25, 2022 and I am changing my employer. Not sure what happened to attorney of new employer, why they filed H1B transfer only but, got approved now.
  2. During my H1B transfer my case got returned(no RFE) from USCIS 2 times with request to file Nebraska instead of Vermont. Not sure why?
  3. Finally attorney filed it electronically to Nebraska service center and it got approved.
  4. Today my new employer attorney sent the case for H4 extension to USCIS along with H1B approval notice of my H1B transfer.

Questions

  1. My fear is what if H4 case also got returned(just like my H1B) before or after my wife’s H4 expiry(March 25, 2022).
  2. Would it be safe to join new employer, before I receive H4 receipt copy? Because if I wait for H4 transfer receipt copy then my current employer has to file extension for both of us. Whats the best recommendation?
  3. My bigger fear is let’s say I joined new employer before receiving the H4 receipt and H4 transfer case got rejected. Would my wife has to exit the country?