H4 to be transfered or Not?

[Smit]

Hi Admin,

 

Need help on below matter.

 

Need some advise on H4 transfer for my spouse.

I am on H1B working and my wife is on H4 dependent visa. (our Visas are good till Mar 2014)
My wife filed for H1 and got petition number which is in Initial review stage.

Now I am planning to move to another employer so in doing so, my new employer will file my H1 transfer and will ask H4 transfer for my wife.

 

My questions:

 

1. Do I need to ask my new employer to transfer her H4 also.

2. In case I have to transfer then will her new H4 status overide her current H1 status since USCIS says that it takes in account last status. So is there any fear that her new H4 change or cancel her H1 process

3. Can she stay in US legally if her H4 is not transfered (valid till Mar 2014) and just await till her H1 gets approved.

 

Appreciate your response to this.

 

Thanks-Smit

[pontevecchio]

1. Do not misuse the word visa. If your wife has an I94 till March, 2014 she does not need to file an extension now.

 

2. She does not have H1 status now. If the petition with COS is approved then she will be in H1 status. She does not need to extend her H4 status at this time to avoid complications.

 

3. She is legal to stay till March, 2014 or till her H1 petition is approved with COS. She can aak her sponsor to opt for Premium Processing if she wants.

[Smit]

Thanks Much.

 

I assume when you say filing extention means filing transfer.

 

So I will not transfer my wife H4 since her I94 is valid till Mar 2014, and I go ahead and transfer my H1B with new employer. And avoid any complications for her H1 processing.

 

Let me know if i can go ahead. -Thanks Smit

[pontevecchio]

H4 status always involves your valid  H1 status with any employer. No concept of transfer of H4 status. Your plan is fine.