Do i need to file H4 Dependent VISA for my wife for valid I94 to stay in US?

[narendra26]

Hi,

I joined a new firm in July and applied for my H1 transfer.I didn't apply for H4 along with my H1 transfer. my previous employer revoked my H1 on Aug 5th which has a valid I94 attached till April 2018.Does my wife can stay in US without applying H4 transfer now?(or) I can file the H4 dependent transfer now?
Note: My wife is traveling to her home country on Sep 29th.

Please suggest me if she can stay in US without applying H4 transfer now?

[JoeF]

An H4 is not tied to a particular employer. It is tied to your H1. In other words, there is no such thing as an H4 transfer.

As long as you are in valid H1 status, and her I-94 hasn't expired, she is good.

[pontevecchio]

If her H4 I94 is also till 2018, you do not have to do anything. When she returns she will get a new I94 based on your current approved H1 Petition.