H1b transfer while spouse's F2 to H4 COS (I539) still pending

[sdcjssc]

Hello, I am currently working for Employer A on F1 with my H1b approved and will start from 10/01/2021 but my spouse’s F2 to H4 COS (I-539), which was filed together with my H1b application, is still pending approval. Based on the application processing times on the USCIS website, it might take 12-14 months for that application to be processed.

My F1 will be expiring on 09/30/2021 so will be my spouse’s F2. I have got an opportunity from Employer B and ready to file an H1b transfer. I have the following questions -
1. Do we have to file an H4 transfer for my spouse? If yes, can we do that with the old COS application being pending?
2. I have heard that after filing an H1b transfer, the previous employer revokes the H1b. So will that affect the spouse’s current H4 application?
3. Should I go ahead with the H1b transfer? Will that cause my spouse to be out of status in any way?

[rkk09]

Hi,
Please see my response below.
1. Do we have to file an H4 transfer for my spouse? If yes, can we do that with the old COS application being pending?
Answer: You will need to file another H4 Application along with H1B Petition transfer.
2. I have heard that after filing an H1b transfer, the previous employer revokes the H1b. So will that affect the spouse’s current H4 application?
Answer: Yes. Once you migrate to new Employer, Previous H1B must be withdrawn and will be withdrawn by your Previous Employer. If they withdraw before H4 Application adjudication, It will impact on H4 Application.
3. Should I go ahead with the H1b transfer? Will that cause my spouse to be out of status in any way?
Answer: We dont know, how USCIS will react on this situation. Sometimes, I could see if people files another H4 petition and it is pending, they will not have any issues being in the USA. To avoid all of these confusion, better idea is, you can consider for obtaining H4 visa at US Embassy/ consulate. It will save time and money.
Thanks