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krishna1234567

H4 extension with new employer

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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

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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 ?

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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.

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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.

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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 

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