Please Help - H1b extended but dependent's H4 extension in RFE. New offer in hand.

[Senthil80]

H1b extension approved but H4 extension for my dependent is in RFE.

H4 I-94 expired 2 months back.

I have a offer from a new employer.

Question:-

If I join the new employer and previous employer does not respond to H4 RFE, H4 will be out of status for 2 months correct ?

As H4 is dependent on H1, can my new employer file a H4 transfer with my valid H1 for that period ?

Worst case scenario, if my previous employer revoke H4 extension, then H4 will have to leave the country correct ?

Please help....

[jairichi]

H1b extension approved but H4 extension for my dependent is in RFE.

H4 I-94 expired 2 months back.

I have a offer from a new employer.

Question:-

If I join the new employer and previous employer does not respond to H4 RFE, H4 will be out of status for 2 months correct ?

As H4 is dependent on H1, can my new employer file a H4 transfer with my valid H1 for that period ?

Worst case scenario, if my previous employer revoke H4 extension, then H4 will have to leave the country correct ?

Please help....

Ask new employer to file for cap exempt H1B petition for you. Also, to file a H4 extension for your wife. 

[Senthil80]

But again what will happen to H4? Which will be out of status for 2 months?

Because even if new employer file a new H4 extension, it will not cover the out of status period correct ?

[jairichi]

But again what will happen to H4? Which will be out of status for 2 months?

Because even if new employer file a new H4 extension, it will not cover the out of status period correct ?

As long as decision is pending with USCIS she is not considered out of status.