H1B transfer while I-539 pending (H1B to H4) for spouse.

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bkd08

Registered Users (C)
I wanted to transfer my H1B (university) to another employer (university) but my wife, currently is on H1B, already filed (COS) I-539 to switch her visa from H1B to H4.
1. If she got approved I-539 based on my current H1B, will her H4 be valid with my new H1B (transferred) or she need to apply another I-539 at the same time when I will start process of my H1B transfer.
2. Is there any way that we both can maintain status without leaving country or without stamping VISA on passport.

Thanks you very much in advance for your comments and suggestions.
 
The cleanest way to accomplish the objective is to withdraw pending I-539 and refile a new I-539 based on your transferrred H-1B. Other options might exist, but that appears to be the efficient approach.
 
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bkd08 said:
I wanted to transfer my H1B (university) to another employer (university) but my wife, currently is on H1B, already filed (COS) I-539 to switch her visa from H1B to H4.
1. If she got approved I-539 based on my current H1B, will her H4 be valid with my new H1B (transferred) or she need to apply another I-539 at the same time when I will start process of my H1B transfer. No need until its expiry2. Is there any way that we both can maintain status without leaving country or without stamping VISA on passport. Yes. When you get your I 94 attached to your H1/H4 approval
Thanks you very much in advance for your comments and suggestions.
Click to expand...
 
“JohnThomas82” and “great guru” thank you very much for your suggestions.

I still have dilemma as ““JohnThomas82” said withdraw pending I-539 and refile a new I-539 based on my transferred H-1B while according to “great guru” No need until its expiry. This sound impressive if this mean nothing to do with I-539 (whether it is pending or get approve based on my current H1B) at the time of my H1B transfer (I don’t need to refile of I-539 for my spouse to maintain her H4 until previous or old I-94 is valid). Is this correct?
Thanks you very much.
 
While it is not needed to withdraw the pending H-4, let me explain why it is recommended

-- if the H-1B and associated H-4 expiry dates are same, the chances of missing filing for H-4 at the time of H-1B renewal is slim to none. You will have same expiry dates if H-4 was filed based on latest H-1B

-- if the H-4 was filed based on your previous H-1B, you will need to remember filing for another H-4 extension in future before the H-1B expires, because, in that case, H-4 would have expired prior to that H-1B expiry. If you forget, your spouse will start to accrue unlawful status after the expiry of H-4 (famous problem with many spouses)

-- so, ultimately, whether you file it now or file it later, you have to do it. Do you want to take care of the situation now or do you want to make a note of it and do it later, it is upto one's convenience.
 
Thank you “JohnThomas82” for providing me the important details. I had one more question. Is there any specific form and application fee to file for withdrawal of pending I-539.

Thank you again.
 
Please contact your legal representative or your attorney. I am not sure what is the exact form, but I do know that you have to mention the reason for withdrawing the petition.
 
bkd08 said:
Thank you “JohnThomas82” for providing me the important details. I had one more question.

Is there any specific form and application fee to file for withdrawal of pending I-539.
---------------- USCIS has no Form to Withdraw and no fee to be paid . you should attach copy of Reciept notice and on cover letter write the Name, DOB, A#(if one has) and make a request to withdraw the pending application, Sign the cover letter with date(keep copy of all the documents you send to USCIS) send it with certifed return reciept to service center and outside of envelope write in big bold letters: request to Withdraw pending form........
Thank you again.
Click to expand...
-------------------- If you are on H1 then why to Withdraw spouse H4 COS? H4 is tied to H1 status of spouse and not tied to Employer A or B
 
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