H1B Transfer When H4 Application is pending

[MVvyas]

Hello,

My H1B Visa extension got approved until 2023 but my spouse H4 visa extension is still pending for last 4 months (this is the case for most people who applied for extensions since Feb).

My question over here is will my spouse be out of status if her current H4 expires in next few weeks ? 

Now if i switch jobs and get my H1 transfer approved? what happens to my spouse ? should i file a new H4 application? should she leave country ?  or her status is maintained until application is approved or rejected ?

Thank you.

[Kdpatel]

Hello MVvyas,

I have same situation. My wife and daughter extension file on first week of march.

I  called USCIS and asked to expedite the process. But today they reject expedite request by below response.

On March 18, 2020, USCIS temporarily suspended routine in-person services to help slow the spread of coronavirus (COVID-19). Due to this reason, we are unable to grant your request to expedite processing of your I-539 application as the requisite biometric data is not on record. 

When USCIS resumes normal operations, USCIS will automatically reschedule application support center appointments due to the office closure.  You will receive a new appointment letter in the mail. "

 

As her i94 expire already I asked officer can they stay legally and response was until i539 application pending she can stay.

[ak1982]

On 8/12/2020 at 1:03 PM, Kdpatel said:

Hello MVvyas,

I have same situation. My wife and daughter extension file on first week of march.

I  called USCIS and asked to expedite the process. But today they reject expedite request by below response.

On March 18, 2020, USCIS temporarily suspended routine in-person services to help slow the spread of coronavirus (COVID-19). Due to this reason, we are unable to grant your request to expedite processing of your I-539 application as the requisite biometric data is not on record. 

When USCIS resumes normal operations, USCIS will automatically reschedule application support center appointments due to the office closure.  You will receive a new appointment letter in the mail. "

 

As her i94 expire already I asked officer can they stay legally and response was until i539 application pending she can stay.

Hi Mr. KDPatel...I received a similar reply to my expedite request last week. It sounds like they are just saying that the biometric centers are closed and hence they can't expedite the process. I checked on USCIS website that a few application support centers (where USICIS conducts biometrics) are now open. Not sure what's going on. Please post here if you receive any updates. My situation is slightly similar - I applied for my h4 (from an H1-B, after a job loss) and now I found a job. But my new employer said they have to wait till my h4 is approved. The current h4 processing time is ridiculously long - 16 months.

Edited August 18, 2020 by ak1982

[MVvyas]

Thank You Everyone for responses. We received Biometric appointment letter last week, looks like mostly of my colleague and friends also received as well. Hoping you received as well. 

Thank you.