H4 Filing when passport about to expire

[sureshgoel]

H1B transferred and approved to new employer and H4 is still with previous employer. H4 didn't filed along with H1B transfer. I have resigned from previous employer.
Dependent passport not valid for 6 months, so new employer asked to get renewed passport for applying H4 transfer (i539) to new employer. Renewal of passport takes minimum 2-3 months.

If previous employer revokes my H1B before applying H4 I539 with new employer, what is going to happen to H4 (which with previous employer still) ?

How soon H4 (I539) should be filed with new employer after getting renewed passport ?

Please advise.

[rkk09]

Hi,
There is two scenarios.
1. H4 petition may issue RFE to ask dependent current status and you can include H1B transfer approval details.
2. As soon as you file another H4 petition with new transfer approval documents you can withdraw old one.
But, For these you need to have surely renewed passport. Cant you go with tatkal passport to receive it soon?
If previous employer revokes my H1B before applying H4 I539 with new employer, what is going to happen to H4
ANSWER: Either you will get RFE or NOID.
How soon H4 (I539) should be filed with new employer after getting renewed passport ?
ANSWER: It depend upon your current I-94 validity. But anyhow, it must be filed as soon as you can. Why because your previous H4 petition should be withdrawn once you file new petition.
Thanks

[newacct]

8 CFR 214.1(a)(3)(i) only requires that the passport be valid at the time you apply for Extension of Stay, and agree to maintain validity of your passport.

The passport of an alien applying for extension of stay must be valid at the time of application for extension, unless otherwise provided in this chapter, and the alien must agree to maintain the validity of his or her passport and to abide by all the terms and conditions of his extension.

Unlike for entry, there is no requirement that your passport be valid until 6 months after the end of your stay (or until the end of your stay for passports of certain countries) at the time you apply.