H1 transfer while H4 to F1 in process

[shalin.maverick@gmail.com]

I am holding H1B visa (Sept 2008 to Sept 2011).

My wife has entered the USA for the first time in Feb 2011 on H4 visa(as my dependent). My current employer has filed for H1 renewal recently(correspondingly my wife's H4 visa) and have already gotten approval of them, which are effective from Sept 2011. Meanwhile, my wife has requested to change the status to F1 visa which is in currently in process.

Now I am planning to switch the employer and transfer my H1 with new employer. So, I was wondering if we can apply for my wife's H4 transfer along with my H1 transfer. My wife wishes to get F1 visa.

What if my H1 gets transfer before she gets her F1 approval. Her current H4 status will remain valid in that case?

Her H4 will expire if I transfer H1B with new employer?

Should my new employer file H4 along with my H1? If they do so, what will be my wife's status? H4 or F1?

[Attorney_22]

Unlike H1B status which is tied to a particular employer and position, H4 status it tied to the principal spouse or parent. Therefore, your wife can maintain valid H4 status as long as you are maintaining valid H1B status despite a change of employer. However, your wife must also have a valid H4 I-94 either by entering the U.S. pursuant to a valid H4 visa, or through an extension of status application while in the U.S. Thus, if your wife has a current H4 I-94 it is not required to file an H4 extension concurrently with your change of employer petition and she may decide to do so at a later date prior to her H4 I-94 expiration. Additionally, it is advisable to speak directly with a U.S. immigration attorney to discuss your family’s long term nonimmigrant/immigrant goals prior to making any decisions regarding F1 status.