Is it required to obtain spouse\'s H4 transfer, when one files for H1 transfer?

[ntb2]

Hi All:

I applied for H1 transfer in Sep 2001 and got it approved in Oct 2001. My attorney never advised me to file for a H4 transfer for my wife. She entered US through H4 visa obtained in a US consulate abroad, which is based on my approved I797 from my previous employer. Her H4 visa is valid untill Aug 2003 and so is mine.

Is my wifes H4 status still valid or she is out-of-status?

Was it required to file for her H4 transfer, when I filed for my H1 transfer?

If she travels abroad, will she be allowed to re-enter the US with the old visa before Aug 2003?

Please post any experiences...

Thanks

ntb2

[Nimi2]

Normally it is better to extend the H4 alongwith H1, because sometimes we may forget to check the dates on I-94 of H4 spouse. If you are not going out of country until 2003, you have to apply for the extension. Otherwise, when your spouse reenters US, she can get the new I-94 valid until your new I797.

[divyars]

I\'m in the US on an H4 visa. My I-94 expired on March 25th 2002. My husband had to transfer his H1 visa in 2001, but our attorney did not advise us to apply for my H4 transfer then. We applied for an extension of H4 in January 2002, and got a receipt from the INS, saying that it would take 120-180 days for the approval to arrive.
Now, the problem is that I have to visit India urgently before June. Do u think it would be safe to go before my H4 approval comes? Will my husband\'s H1 transfer approval be sufficient to prove that I\'m on legal status here?
If someone knows about similar cases, pls. advise asap as we need to make quick decision..

Any help is apprecited..
Divya.

[divyars]

Hi,
Any advise reg. the following matter is greatly appreciated...
 I\'m in the US on an H4 visa. My I-94 expired on March 25, 2002. My husband had to transfer his H1 last year, and his new approval came in June 2001, but at that time our attorney had advised us that we need not apply for my H4 transfer too. In Jan 2002, we applied for a transfer of my H4 status, and we got a receipt for that from the INS mentioning that the H4 approval might take 120-180 days.
Now, the problem is that I have to urgently travel to India before May. If my H4 is not approved until then, would it be safe to go? Would my husband\'s valid I-94 as well as visa status vouch for my being in legal status? We are confused.,,

If u have any info. on such cases, pls. reply asap.

Thanks,
Divya.