Risk for H4 Pending Petition (filled by current employer) and doing H1B transfer

[Senthil Sekar]

My Current H1B is approved until 23-Aug-2023.
I have a question about my pending H4 Extension Petition for my Spouse filled by my current company, her i94 already expired on 25-July-2021. She is staying in the USA in receipt notice of H4 Extension filing (filed on 02-July-2021) and is still pending in USCIS.

I would like to know if there is any risk associated with the H4 Status (Spouse) if I initiate a H1B transfer with New Employer (Got a new offer) at this point of time.

I am thinking of filing the H4 Extension petition with New Employer once after my H1B transfer petition is approved? After which what should I do for the Pending H4 Petition (filled by my current Employer) should I ask them to withdraw once I resign?

Please advise me on my above concerns.

[rkk09]

Hi Member,
Please see my response below.
I would like to know if there is any risk associated with the H4 Status (Spouse) if I initiate a H1B transfer with New Employer (Got a new offer) at this point of time.
Answer: No. New Employer can initiate H1B transfer petition. When file H1B transfer petition, Please also file H4 petition together.
I am thinking of filing the H4 Extension petition with New Employer once after my H1B transfer petition is approved? After which what should I do for the Pending H4 Petition (filled by my current Employer) should I ask them to withdraw once I resign?
Answer: Please file H1B transfer petition and H4 petition together. Dont withdraw pending H4 petition. If your previous H1B has withdrawn and USCIS takes action on that, H4 pending petition may get deny and your another H4 petition will be under consideration of adjudication.
Thanks