H4 to F1 question...!!

[desiinusa123]

my wife has applied for visa change h4 to F1.RFE- It is in process. Now I am applying for jobs. If I get a job and my H1 transfers to another company, Does H4 get transferred along with H1B automatically??If the company files H1 and H4 will it be declined because of F1 is pending?? or Do I need to cancel F1, which is in process, before transfer of my h1 and wife's H4 ?? pls advise...

[shervin143]

my wife has applied for visa change h4 to F1.RFE- It is in process. Now I am applying for jobs. If I get a job and my H1 transfers to another company, Does H4 get transferred along with H1B automatically??
>>> There is no such thing as H4 transfer. H4 is not associated with any employer and employers need not have to file H4 for the dependents. However, most employers file H1B and H4 together so that the I-94 expiry date will be the same. If the employer doesn't file the H4 for your spouse, then you will have to file it yorself and you can do it only 6 months prior to the H4 I-94 expiry date. This process is not automatic.

If the company files H1 and H4 will it be declined because of F1 is pending??
>> No. Each petition is reviewed independently.

or Do I need to cancel F1, which is in process, before transfer of my h1 and wife's H4 ??
>>> Read the above answers.

[kabkaba]

A key thing to know is when does your wife's I-94 expire.
In any case do not file I-539 to extend your wife's H4 status with your new employer H1 petition. Because then her F1 COS may be voided/superceded by that application. Just wait for the COS decision.