Change of status - F1 Visa (while H1 transfer)

[abpand]

Hi All,

 

I have a valid H1 visa expiring on Dec 2016. My wife has a H4 visa dependent on my H1. My wife started going to school and we have applied for her change of status to F1, which is pending with USCIS(Current status RFE, I am yet to receive the query from them) . Meanwhile I have a new job and need to transfer my H1, but the immigration lawer is saying they can't transfer the H4 visa for her as a case is still pending  with USCIS. Now my questions are:

 

1) Once my H1 is approved for the new employer, my current employer H1 will be void I am assuming, so in that case as we are not applying for my wife's H4 transfer will she go out of status? The current employer H4 is valid till Dec 2016.  

2) After I join new company,  with the new H1 and my current H1 is void, after that if my wife's F1 gets rejected, will she go out of status ?  

 

Regards,

-AP

[JoeF]

An H4 is never transferred, since it isn't dependent on an employer.

The H4 stays valid until its own expiration date, or until the F1 is approved, whichever is earlier.

The only thing that matters for her H4 is that you are in valid H1 status.

[jairichi]

1. There is no transfer of H4 when you change employer. H4 is not tied to any employer.

2. No.