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H1B 6th year - H4 - H1B

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Hi, I'm on my 6th year with H1B visa and my I94 will be expired in Dec 2020. I need some help or guidance on how I should choose, whether a H1B or H4 status. My I-140 was approved in July 2020.  I applied H4 this week with change of status date in Dec'20 and planning to quit my current employer by then.

A few questions that need help on.

1. If I find another job before Dec'20 that can sponsor H1B, can I file a H1B transfer with a pending H4 application?

2. How about I find a job after Dec'20, say in Feb'21, can I file H1B transfer (change of status from H4 to H1B without leaving the US) with a pending H4 application assume H4 is still not being approved? Will I be out of status from Dec'20 to the time H1B transfer is approved?

3. Can I also apply H1B Extension with my current employer while having a H4 application at the same time? If I still plan to quit in Dec'20, will doing so put the H4 application in risk?

Greatly appreciate your help and answer!



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You can Apply H4 to H1, But H1 wont be approved until your earlier H4 is Approved. So your Status will Change to H4 and then From H4 to H1 ...it will take almost 6 months Min. 

Since July 2020 You Will be Status of H4 since you have a Receipt with H4  Pending . Until a decision is made you are in a Valid Status.

1. Apply H4 to H1 anytime but you cant work until its approved 

2. Wait for your H4 to Get Approved - Since biometric is delayed i guess it will be Late nov/dec or even later

3. then H4 to H1 will start getting processed - 2-4 months more unless you do premium Processing (until you have h4 this is useless)... Other Option apply in consular Processing and get out of country once h4 is approved and get back with a valid status and start working asap


Better to wait and apply you will have more options i dont see any employer will wait for you until then so better to wait till h4 approval

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