suggestions please !!! H4 extension case with close to I-94 expiry and H1-B layoff

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I'm on H1-B and my spouse on H4 with a I-797A till June 2025. We went out of USA and came back on Jan 2024. My spouse got I-94 till passport expiry of Aug 2024 even though she had Visa stamping of June 2025. In March 2024, my employer filed an H4 I-539(I-94) extension to the spouse which is still in processing with USCIS.

last month, i'm impacted with layoffs and my employer revoked my H1-B petition in May. Right now i'm in 60 day grace period and another employer transferring the H1-B. I know H4/H4-EAD doesn't depend on H1-B transfer and is good as long H1-B status is maintained. 

Now the question is what happens to my spouse H4 I-539(I-94) extension petition. heard that USCIS will issue an RFE after came to know my old H1-B is revoked? is that true? Do i need to update my spouse H4 I-539(I-94) case with my new receipt number? your thoughts?

Edited by nareshbojja
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  • 2 weeks later...

H4 and H4 Ead based on primary H1b petition, if your petition is revoked, there are high chances that your spouse petition will be denied, I would recommend filing new H4 and H4 Ead along with your H1b petition with your new employer!

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