H1B Transfer is pending, Change of status to H4

[ap_reddy]

My H1 Transfer was initiated in Feb/2015.

Got RFE and responded June/2015.

Approval is still pending and don't know how many days it will take.

Can I change my status to H4 now?

 

1. If Yes, After H4 approval , H1B approval happens what will be the impact?

2.  After H4 approval , H1B denial happens what will be the impact?

3. H1B denial happens before H4 approval what will be the impact?

4. Before H4 approval , H1B approval happens what will be the impact?

 

Thanks & regards

Praveena

[Attorney_21]

These answers depend on; (1) whether your I-94 has expired; and (2) whether you have continued working with employer #1 while the employer #2 H1B is pending...

 

If your I-94 has expired, or if you have already left employer #1, then the H1B of employer #2 is a "bridging" petition, and must be APPROVED to allow you to change status to H4. If it is denied or withdrawn in this scenario, then you have a "gap" in your status that will result in the denial of the H4. The H1B will need to be approved. If it is still pending, USCIS will likely issue an RFE on the H4 - asking for a copy of the H1B approval notice.

 

If your I-94 is still valid, and you are still working for employer #1, then H1B #2 is irrelevant, and you can file an H4 and have employer #2 withdraw the H1B. (File with employer #1 paystubs)

 

Remember, in general the LAST approval is what governs your status - so the order of approval does make a difference...