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I am currently working for company A and my I 94 is valid…

I am currently working for...
I am currently working for company A and my I 94 is valid till sept 2018.At the time of transfer this company didn’t extend my spouse H4 I94 and it is going to expire 15 Oct 2017.I asked them and they file the extension and it is pending as of now from last one month they file it in August 2017 well before time.Question is –I am planning to transfer H1B to company B and they will file H1B transfer probably in Nov /Dec 2017 and I asked them to file I539 h4 extension along with transfer but what will happen if employers A withdraw pending extension from USICS?a)Should I wait for extension to approve before H1b transfer it is taking long 5 to 6 months.
b) Should I file one more application I539 without letting my current employer know so I am safe if they withdraw?
c)I asked company B to file h4 extension but there will be one month gap i.e they will file in Nov and h4 I94 are till 15 oct?d)I am good as i already file their extension before I94 expiry and that show good intent no matter if it is withdraw.Please advice what to do in this case?
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Answered in 2 minutes by:
10/5/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,987
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Your spouse's I-539 should be approved as long as you are still in valid H-1B. So even if A withdraws, what could happen is that they just wait to see if B's petition for you gets approved before approving you spouse's.

a) You don't have to.

b) No. A can withdraw your H-1B but not the I-539.

c) Don't worry about that. The I-539 should remain pending.

d) Yes.

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Customer reply replied 8 months ago
Thanks Sir,
So What i get that I no need to do anything as they can not withdraw I539 and it will be pending status even if h1B is withdrawn as USICS can search for new H1B transfer request and attach that with filed I539 right?Also I should ask my new employer to file H4 I539 along with transfer?Thanks

Yes, correct But no, there is no need for the new employer to file a new I-539 because there is one that is already pending.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,987
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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