H-1 B transfer while H4 extension I-539 is pending with USCIS.


Kap_s

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Hello

My H1-B extension request and dependents H-4 extension(I-539) were submitted separately, since my dependents were not is US while applying my H1-B extnetion.

My H1-B extension request is approved but still dependents I-539 is pending with USCIS (no hope this will approve soon as vermont processing center is processing April 2017 I-539 applications and in my case I-539 was submitted on Aug-2017)

I am planning to switch job and new employer is asking for valid I-94 of my dependents for applying I-539, but my dependents I-94 are expired now and they are in US based on I-539 receipt.

I have few questions before I make decision

1)       Any 240 days waiting period rule applicable for I-539 processing?

2)       Do I really need to wait for I-539 approval and cannot join new employer?

3)       My current I-539 application will become invalid if I change employer (Employer Attorney filed my I-539)?

I believe, I can switch to new employer with new I-797 and I-539 filed by old employer would still valid. I may need to update address so once I-539 get approve I will get approval notice directly.

 

Please suggest.

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