H1 transfer whie dependent H4 extension still not approved

[anonymoususer]

request your advise and direction on how to proceed on my case explained below:

My current employer has applied for extension of my H1 and extension of stay for my wife and daughter(H4 extension) in July 2015 while my family's i94 and H1 had to expire on September 30th 2015.
I upgraded to Premium processing in November 2015 and got my H1 approved in last week of November 2015.
But my dependent's H4 extension is still not approved and is in "received" status.
Now , i have a new offer from a different employer and i wish to transfer my H1.

Below are my questions:
1. Can i switch to a new employer by applying for a transfer of H1 while my dependent's H4 extension of status is still not approved?

Also, the new employer confirmed that he cannot apply for H4 extension for my dependents while their existing H4 extension applications are not approved.They said that they can transfer my H1 first and apply for H4 extension for my family once their current application is approved.

2.I am worried that if i transfer my H1 as suggested by new employer, My current employer would cancel my Existing H1 and my dependent's existing H4 application will be denied and they would go out of status as their i94 already expired on Sept 30th 2015.

[shervin143]

1. Can i switch to a new employer by applying for a transfer of H1 while my dependent's H4 extension of status is still not approved?
>>> Yes.

Also, the new employer confirmed that he cannot apply for H4 extension for my dependents while their existing H4 extension applications are not approved.They said that they can transfer my H1 first and apply for H4 extension for my family once their current application is approved.
>>> There is no such thing as H4 transfer. H4 has nothing to do with your employer. H4 is based on your H1B. So the employer need not file H4 for your dependents. They usually do that so that H1B and H4 expiry dates remain the same. Your dependents H4 extension when approved will expire as per your current H1B approval notice. As long as you are proactive in filing their extension when their I-94 is about to expire, you are good.

That being said, what the employer is saying is not correct. They can still file H4 for your dependents along with your H1B transfer based in their pending H4 petition. They just need to attach a copy of their H4 receipt notices and mention that it is pending.

2.I am worried that if i transfer my H1 as suggested by new employer, My current employer would cancel my Existing H1 and my dependent's existing H4 application will be denied and they would go out of status as their i94 already expired on Sept 30th 2015.
>>> That understanding is not correct. Employer cancelling your H1B petition will have no impact on the pending H4 application. Employer cannot cancel the H4 petition. They can only cancel or withdraw the H1B petition. H4 is not associated with your employer.

[anonymoususer]

Thankyou shervin for the information