H1 Transfer, H4 pending

[ritat]

Hi all,
My husband had applied for H1b extension and has got approval. But H4 was applied separately and still case is pending. Now he wants to get H1B transfer to another company.
1. Can H4 also be applied, if old H4 case is still pending?
2. If only H1b transfer is filed, will my H4 become out of status? Can I continue to stay?
3. Is there any way to apply for H4 for new H1. Or should I return back home, then after he gets new H1 approved, can I apply for a new H4?

Thanks
Ritat

 

[ginnu]

Hi all,
My husband had applied for H1b extension and has got approval.

But H4 was applied separately and still case is pending.
----------------did you got H4 extension filing reciept notice?
Now he wants to get H1B transfer to another company.
1. Can H4 also be applied, if old H4 case is still pending?
----------------no need to apply if H4 extension is pending and you have reciept of H4 filing. H4 is tied to H1 holder not employer
2. If only H1b transfer is filed, will my H4 become out of status?
---------no
Can I continue to stay?
----------------- yes
3. Is there any way to apply for H4 for new H1.
---------------- You can also file H4 extension with his H1 H1 transfer and provide the copy of H4 filing reciept and copy of your I-94(if still valid). your husband need to inform the new company lawyer and if filed in same envelope then both H1 transfer and H4 ext will be approved on same day and you both will have I-94 attached to his H1 approval and your H4 EXt approveal and expiry date of I-94 both of you will be same date. let him talk to to new employer/lawyer

Thanks
Ritat

----------------

 

[ritat]

Thanks ginnu,
When my husband contact the new company lawyer, he told that h4 cannot be applied for until the old h4 extension has been approved.
He has told to wait for h4 approval.