H1B transfer when H4 Application Pending

[Arvindnat111]

Here is a situation. My wife wants to give up her job and be on H4. If I apply for H4 now the approval will take some time. Meanwhile if I have to apply for H1B transfer while my wife's H4 is still pending what will happen to her H4? Is there a better suggestion for how to proceed with this? My wife urgently needs to take a break from her job for some health and personal reasons. 

[LeaveMessageH1B]

Make sure at any given time you need at-least one petition in approved state, both should not be in pending or in transfer state.

 

On 9/28/2021 at 12:41 PM, Arvindnat111 said:

If I apply for H4 now the approval will take some time.

If I read it correctly- if you're on H1 then you don't have any basis to apply for H4 (H1 can not be dependent of another H4)

 

On 9/28/2021 at 12:41 PM, Arvindnat111 said:

Meanwhile if I have to apply for H1B transfer while my wife's H4 is still pending what will happen to her H4?

Pending H4 application will be denied eventually (due to it was filed based on your previous employer where you're no longer employed)

On 9/28/2021 at 12:41 PM, Arvindnat111 said:

Is there a better suggestion for how to proceed with this?

Health always should be first priority then immigration status.

Let her quit the job on her H4- EAD. You can start your H1 transfer and submit her H4 simultaneously, once you have your H1b transfer approved she will get her H4 based on your new approval.