Spouse H4 to H1.. Employer Transfer For Husband

[chaitu3120]

Hi

My wife is in H4 status and approved for H1b this year. Her H1B visa starts from Oct 1st 2012.

Now I'm applying for H1B transfer. Shoud I still file I-539 on her behalf?

[pontevecchio]

why? Your H1 status is employer based. Her H4 status is only based on your valid H1 status with any employer. If her current H4 I94 extends beyond October,1 there would seem to be no problem.

[chaitu3120]

Her current H4 I94 extends until Nov 2012. Her new H1B will kick off from Oct 1st. So I don't need to apply I-539 on her behalf If I change my employer now?

Thanks,

[pontevecchio]

No.