H4-to-F1 while H4 extension is pending

[kudh99]

Hello, could you please advise on the following situation?

My daughter is on H-4. Her I94 expiry date is March 15. The H-4 extension application filed by current employer (A) is being processed.

Now, I have an approved H-1B transfer petition from another employer (B).

I have 2 questions:
1. After I move to employer B, will my daughter's H-4 extension application filed through employer A be processed?
2. Later this year, my daughter will turn 21 (i.e., she'll "age out"). If she files an application for H4-to-F1 change of status now while her H-4 extension is still being processed, can she continue to be in the US legally after her current H4 I-94 expires on March 15?

[rkk09]

Hi Member,

1. After I move to employer B, will my daughter's H-4 extension application filed through employer A be processed?
Answer: If you move to another Employer, it is better to file another H4 Ext petition along with H1B transfer petition. Why because, If Company A withdraws the H1B then the H4 petition based with H1B application may also deny. At the time of H4 petition adjudication, if the primary H1B holder H1B is not withdrawn then it will be considered for adjudication.

Thanks