H1B visa under extension and filed for H4

[Durga Rallabhandi]

Hi,

My employer filed for H1B extension on end of March 2016 which will complete 8 months by next week. Till now we did not hear anything on my H1extension. As my project got over some 4 months back, my employer said he cannot run payroll and so asked me to change status to H4 and so applied my H4 last month. I received H4 filing receipt and at the same time received RFE where I submitted all docs asked for RFE last week.

Now I got a project and willing to transfer my H1 to other employer where they said they will file my H1 in premium. I informed them anout my H4 filing too.

I have couple of questions now:

1. I am confused with my current status. Am I still on H1 or H4?

2. Will there be any consequences if I transfer my H1 now?

3. If my H1 is renewed successfully, how can I cancel my H4 petition?

I appreciate if you can help me in this regard.

Thanks,

Durga.

[shekar11#]

1. You are in H-1 status until your H-4 gets approved.

2. No issues. But if your H-4 is approved after your new new employer H-1 approval you will go back to H-4 automatically.

3. You need to ask an attorney to file for H-1 extension in premium and also to cancel existing H-4 application.