H1B Transfer, Wife H4 Question


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Hi I have H1B visa, I-94 validity till Mar-2012. The visa expiry date for my wifes H4 is also the same. Both of us have valid stamping till the above date.

My wife traveled India last month(apr-2011). Now I am planning to transfer my H1-B to a new employer. I have a few questions reg. my wifes H4

-- Do I need to submit my wifes documents also for my H1-B transfer?

-- If I need to apply her docs also, as she is in India, I cannot produce her I-94 for the documentation(as it was returned to immigration authorities while leaving to India). Is that fine?

--while my H1-B transfer is in process can she enter US?

Pls help me I am in a great confusion

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Unlike H1B status which is tied to a particular employer and position, H4 status it tied to the principle spouse or parent. Therefore, your wife can maintain valid H4 status as long as you are maintaining valid H1B status. However, your wife must also have a valid H4 I-94 either by entering the U.S. pursuant to a valid H4 visa, or through an extension of status while in the U.S. Thus, your wife does not need to file an H4 extension concurrently with your change of employer petition at this time, but must seek an extension through other means (extension of status through a USCIS Service Center, or re-entry pursuant to a valid H4 visa based on your valid/current H1B I-797 Approval Notice) at a later date prior to the expiration of her H4 I-94. If you have any further questions, please contact a qualified U.S. immigration attorney.

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  • 3 weeks later...


I am also in the same situation. I have a valid H1, I-94, and visa stamped with company A until September 2012. My wife also has a valid H4 visa stamped until Sep 2012.

My wife is in India now. Company B is doing a H1 transfer. My wife will come back to the US, after the H1 transfer.

Option 1: Can my wife come back to the US, with H4 visa stamp of company A, and I-797 (H1) of employer B. Will she get a new I-94 at the port of entry with out any problems?

Option 2: My wife visits a US consulate in India, and gets a new H4 visa stamped. This is the last preference for me.

Option 3: File I-539 to extend H4 status. I am confused. I think this can be done only, if, my was currently in the US. She has no status in US, as she is in India, and more over she has no I-94.

Any ideas....Thanks

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