Can I switch job when my dependents H4 COS is in progress.

[AliSheik]

Hello,

I am currently on H1B and it was approved on 07/14/2020 and prior to that, I was on L1B.  My dependents H4 COS is in progress, it means they are on L2 still. 

I have a job offer, but I am not sure whether I can apply for transfer as my dependents H4 COS is in progress.

Edited August 13, 2020 by AliSheik

[Zodiac System]

You should be able to apply for all at the same time i.e. H1b transfer for yourself and H4 for your dependents.  Request your previous employer to not withdraw your H1b till your H1 transfer goes through with new employer.  Previous employer may have to run your payroll during this time.

Whenever previous employer withdraws your H1b, he may not remember to withdraw the H4, which may lead to H4 denial (and go on records), therefore make sure that H4 is withdrawn too.

Let's see what other experts say

[AliSheik]

Thanks for you reply.

 I will join new employer only after USCIS approves  H1 transfer.

One follow up question, In this case, which application does new employer has to file for my dependents?. I mean, H4 COS or H4 EOS?

Edited August 20, 2020 by AliSheik