Spouse H4 Visa status expiring soon and H1B transfer visa approved but cannot join before the expiration date of H4.

[shweatzy]

Hello,

I am currently employed with Employer A on H1B. I am changing to Employer B who has applied for H1B transfer and its approved as of today. I need to serve 3 weeks of notice period for my currently employer so I cannot join Employer B before July 21st. My visa with Employer A is valid till July 31st and my spouse's visa is expiring on 15th July.

1. Will this change make my spouse out of status? 
2. Should I proceed with filing extension with my current employer A and later withdraw once I start with Employer B?
3. Or are there any other options to handle this?

Any suggestion is much appreciated.

Thanks in advance!

[gopalakrishnach]

So you mean after July 15 your spouse does not have any valid petition or visa on H4. In that case they will be out of status. I am not an expert.

1. You change will not have effect on H4. They need to be on valid H4. That is other matter

2. Since your H1B with B is approved. Apply H4 with that

[shweatzy]

Employer B has initiated the H1B transfer for me and also applied for H4 for my dependents. So they are approved but We haven’t received the hard copy of that. So does that still make my dependents out of status?

Edited July 3, 2019 by shweatzy