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Family H-4 is still pending with previous employer's H-1

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I moved from L-1 B visa to H-1 B on Oct 1, 2015. My employer delayed filing H-4 for my dependents and receipt notice shows Oct-5, 2015 as received date for H-4 petition. As it caused a gap and my family went out of status for 5 days.


Now I got a new job in November 2015 and new employer filed my H-1 B alone in premium and did not file H-4 for my family because of the 5 days gap. He is insisting that my family must travel out of USA ASAP and get H-4 stamped and he recommends me not to wait for H-4 approval which was filed on Oct-5 which is still pending with USCIS.


I came to know from a friend that new employer has messed up my case , He should have filed my H-1 B in premium along with family's H-4 and attached affidavit to justify 5 days gap.


Now I have received H-1 B approval for new employer and my family's H-4 is still pending with USCIS which belong to my first employer's H-1 B.


I want to avoid travel to India. Kindly suggest some way out.


Thanks !!

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It is not binding on an employer to file H4 for dependents. Since it was filed within 5 days of you moving to H1B status they might be fine. If not, the only option they have is to exit and enter with a valid H4 visa and copy of your I797.

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