H1B to H4+ead in parallel to H1B transfer

[Bluewater]

Hi, my wife had her I94 expiration on Jan 21. She got a new job and new employer applied h1 transfer in normal processing and she started working with them on Jan 7th with h1 receipt. Now, She is not comfortable with the job and wanted to take a break. I have an approved i140 and my employer filed H1 to H4 COS and h4 ead for my wife upon my request along with my h1 extension . This was done on Jan 19 before her i94 expiry. Plan is to upgrade my h1 extension to premium and thus if she gets h1 to h4 approved, she can quit her job.

1) As both her H1 transfer and H1 to H4 are filed before I94 expiry, I was told by my employers attorney that Both are individual petitions and H1 to H4 cos petition result is not dependent on H1 transfer. Also, we were told that she can continue working until h4 is approved as her work is tied to the h1 transfer petition. Is that a correct assumption?

2) As my employer filed her H1 to H4 along with my h1 extension, let’s assume I upgrade my h1 extension to premium on Feb 20th and her H1 to H4 is approved and she quits working on same day and subsequently h4 ead. In this case, What would happen to the h1 transfer petition filed by her employer in normal processing ? Will that be revoked automatically or are there any chances of that getting approved at some point? I am worried if her h1 gets approved later, she would loose her h4 status. 

[shekar11#]

On 2/8/2019 at 6:35 AM, Bluewater said:

Hi, my wife had her I94 expiration on Jan 21. She got a new job and new employer applied h1 transfer in normal processing and she started working with them on Jan 7th with h1 receipt. Now, She is not comfortable with the job and wanted to take a break. I have an approved i140 and my employer filed H1 to H4 COS and h4 ead for my wife upon my request along with my h1 extension . This was done on Jan 19 before her i94 expiry. Plan is to upgrade my h1 extension to premium and thus if she gets h1 to h4 approved, she can quit her job.

1) As both her H1 transfer and H1 to H4 are filed before I94 expiry, I was told by my employers attorney that Both are individual petitions and H1 to H4 cos petition result is not dependent on H1 transfer. Also, we were told that she can continue working until h4 is approved as her work is tied to the h1 transfer petition. Is that a correct assumption?

2) As my employer filed her H1 to H4 along with my h1 extension, let’s assume I upgrade my h1 extension to premium on Feb 20th and her H1 to H4 is approved and she quits working on same day and subsequently h4 ead. In this case, What would happen to the h1 transfer petition filed by her employer in normal processing ? Will that be revoked automatically or are there any chances of that getting approved at some point? I am worried if her h1 gets approved later, she would loose her h4 status. 

1) That is right.

2) You need to withdraw the H-1 transfer petition once H-4 is approved.