H1B transfer when my wife's H4 with my current employer pending receipt from USCIS

[Naga_A]

Hi,

I got my h1b extension approved until 04/2026 when my wife was in India. She traveled back on Apr 10, and the her H4 visa expired on June 09, 2023. I have asked my current employer to file for H4 extension with EAD application for my wife. They applied on June 09, 2023 and haven't yet received even the receipt# for the application. I have asked my employer to follow-up for the receipt#. 

Situation is I have to find new job as I was impacted by layoff at current company, and got one offer from another company as well. I'm planning to accept the offer and initiate the h1 transfer with new company along with h4, would there be any issue since we haven't received h4 receipt as well?

[Attorney_15]

A person must be physically present in the United States to apply for an extension of H4 status. An extension of status request filed after the applicant has left the United States will be denied. Someone who held H4 status and still qualifies for the H4 category can generally apply for a new H4 Visa at a US Consulate and upon their return back to the US will be in H4 status again.

[Naga_A]

I mean she was physically present in US (returned to US on Apr 10, 2023), and my company applied H4 extension on Jun 9, 2023 when here visa was expiring on same day, but haven't received any approval, she is still residing in US with me; Question is whether I can change jobs given there is no h4 receipt# for her h4 extension, nor approval from USCIS; can new employer still file H4 with my H1 transfer application?