H4 Transfer

[SamMan2020]

Recently I changed employer, got the transfer approval. My spouse is on H4, and she is staying with me in USA. H4 stamped visa and her I-94 both are expired, but she is having approved I-539 petition based on my old employer valid till JAN 2021. I didn't applied H4 transfer yet. So my question

1. should I applied for H4 transfer now as I am having H1 approval?

2. If I apply for h4 transfer, and if it is not approved before JAN 2021, how long she can stay in USA as her I-94 already expired?

3. As she is currently in USA, is it mandate to apply H4 transfer/extension before current I-539 expired or H4 can stay based on I129 approval, no need to go for H4 transfer/extension?

Edited July 1, 2020 by SamMan2020

[User099]

She should have a valid I94 which might have come with the previously  approved I539, if she doesn't then you need to talk to an attorney ASAP.

If her old I539 is approved till Jan 2021 and she has an valid  I94, then you should apply for H4 extension before Jan 2021. She can't stay solely with your H1 approval copy.