Do I have to file I-539 for H4, after H1B transfer

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Please provide me your advice of the following.

I came to US working with employer A on a H1B visa with I-797 and I-94 valid until Oct-2019. My dependents on H4 visas currently in US also had their I-797 and I-94 valid until Oct-2019. I joined employer B and they completed my H1 transfer and I have also received the approval notice. The I-797 and I-94 with employer B are valid until Jul-2018.

Employer B said there is no need to do a change of status for H4 dependents since the H4 is valid until Oct-2019 and that I can apply for change of status IF REQURIED (for my satisfaction) using I-539. In the meantime, Employer A has sent a notice to revoke my previous H1B with them, valid until Oct-2019.

1. Please let me know if I should apply for I-539 change of status for my dependents or should I not worry about it until it is due to expire in Oct-2019 as suggested by employer B.
2. Are the H4 dependents considered out of status since I changed my employer and did not apply for I-539?
3. If I have to apply for I-539 change of status, when should I have initiated the process and how long do I have before I do it?
4. Will Employer A revoking my H1B impact the status of my H4 dependents since they had applied for the dependents H4 visas. Should I expect any notice of denial of H4 extension or any other such notices?

I thank you all for your time and for all your responses in advance.


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16 minutes ago, pontevecchio said:

1. You do not have to.

2. No

3 see 1. and 2.

4. A HAS TO revoke the H1 by law. That is not material to you. H4 status is based on your valiod H1 status WITH ANY EMPLOYER and is not employer dependent.

Thank you very much for your quick response. 

So that means, the I-94 expiry date on H4 dependents (Oct-2019) need not match the I-94 expiry date on my new H1B approval notice (Jul-2018). Is that correct? The reason these questions came up was because I was told that the I-94 expiry date on H4 visa should be the same as H1B's latest approval notice and applying for I-539 was the way to accomplish that. I'm sorry if this seems like a basic question.

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13 hours ago, JoeF said:

No, the I-94 dates do not have to match. What you were told is wrong.

Just make sure to renew the H4s in time, before they expire.

Thank you very much Joe. It's such a relief to know that. If it is not for this forum, many would be following incorrect advice without being able to validate it. Thanks again and have a good one.

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  • 2 years later...

Hi Team

With employer A myself and my dependents petition is valid till mar 2020 and visa got stamped till mar 2020 both of them. now I have changed to employer B and my H1B transfer also approved and my dependents also did biometric from I 539 process but H4 transfer is not approved and it’s in process

my dependent are planning to travel to India in oct month and come back in dec this year. 1st Question is, can my dependents travel to India while h4 transfer is in progress ? As I mentioned they have employer A petition approved , i94 and visa stamped till mar 2020

2nd question , I don’t think they need to go for stamping aging in India as my H1B transfer is already approved with new employer B

Pls ans above question sooner and thanks in advance 

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