krishna1234567 Posted March 26, 2015 Report Share Posted March 26, 2015 Hi All, My wife's I94 expires on Apr 1st and I have my H1 extension filed with current employer A and H1 transfer filed with Employer B. Please note that only Employer B filed for H4 extension of Stay(I539) but not current employer A. So can My wife stay based upon receipt of Employer B though I am currently not yet joined Employer B. OR do I need to file her H4 extn with current employer A also before her I94 expiry ? Say If I join employer B on Apr 20th her stay between Apr 1st and Apr 20th considerred legal ? Or worst case if I dont join Employer B is she Out of status from Apr 1st please aadvise Link to comment
krishna1234567 Posted March 28, 2015 Author Report Share Posted March 28, 2015 Folks please provide your thoughts Link to comment
krishna1234567 Posted March 29, 2015 Author Report Share Posted March 29, 2015 any thoughts ? Link to comment
pontevecchio Posted March 30, 2015 Report Share Posted March 30, 2015 The H4 status is not employer dependent. When do you intend to join B? Link to comment
krishna1234567 Posted March 30, 2015 Author Report Share Posted March 30, 2015 Hi I am waiting for approval from Employer B and then 2 weeks notice then join so it would be around Apr 3rd week by which my wifes I94 and H4 with current employer would have expired. Do you mean to say that if I dont join employer B also(worst case due to non compete or what ever) her H4 is valid and her stay is valid with Emp B H4 approval ? Link to comment
ashuneel Posted March 30, 2015 Report Share Posted March 30, 2015 Any good reason why current employer A has not filed for H4 extension of Stay(I539) along with H1 extension. It costs $290 to do that. Link to comment
pontevecchio Posted March 30, 2015 Report Share Posted March 30, 2015 The pending EOS application for her keeps her legal. Also remember that it is your job to file her EOS. If you do not join B, she will be out of status unless you file her EOS based on A. Alternatively she can leave and return with the H1 approval of the company you will be working for. Link to comment
krishna1234567 Posted March 31, 2015 Author Report Share Posted March 31, 2015 there is no reason as such she came to us this month only before which they filed my H1 extension.. I am planning to submit her H4 my self tomorrow to USCIS overnight so it reaches them on Apr 1st. Please advise if I dont need to Link to comment
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