Should i file H4 transfer with new H1B 6 month contract employer?

[KUNAPRAV]

I came to US in Oct 2015 on L1B with employer A.
H1B approved with Employer A in Aug 2018.
I140 approved in Mar 2019.
Employer A did COS from L1B to H1B. H1B approved with Dec 2021 expiry in Sep 2019. H4 approved with Dec 2021 expiry in Feb 2020.
Employer A laid me off and last day was end of Jan. COS was part of lay off process since I was with company for 12 years.
Got Employer B in Feb 2020 which is 60 days grace period.
Employer B will file H1B transfer in last week of Feb 2020. Since its 6 months contract role, there is possibility to get New H1B for 6 months (Till Aug 2020) though they will request for 3 years.

Considering above situation should I ask employer B to file for H4 transfer. I need to pay H4 transfer fees.

• Employer A will withdraw my H1B but current status unknown.

[GroundHog]

Following is my opinion & I don't have any expertise with immigration laws.

If you know that Employer A will definitely withdraw your H1B, then your best bet would be to apply for H4 transfer even though that will shorten your spouse's H4 validity. In any case, her H4 always needs to be backed by your latest I-797. Even if you keep her current H4 status till Dec 2021, if your new I-797 is valid only till Oct 2020, she cannot stay or enter into the country after that!

[User099]

No need, H4 is good as long you have a valid H1 to tie it back to till Dec 2021 even if Emp A withdraws his H1.

[adshah84]

No need to file H4. You are good till Dec 2021