Please help : Does H1 transfer require H4 to be transferred as well?

[sns1977]

Hi,

My husband is transferring his H1B from Employer A to Employer B. His transfer application will be sent to INS on 15th June.

My problem is my H4 --> H1 application is with INS under process. We received the receipt notice for that ( It has been received by INS on April 27th). We are still waiting for the approval.

My question is

1) Do I have to transfer my H4 with his H1 or I can wait till I receive my H1 approval/rejection?

2) If I receive my approval and my H1 start date is October 1st and if company A revokes my husband's H1..will I be out of status between then and October 1st ? Or I should be OK since my husband will be on a valid H1 with employer B ?

Please help me with this issue. I have been reading some really confusing threads and any clarification will he highly appreciated.

Thanks,
AMEE

 

[ginnu]

Hi,

My husband is transferring his H1B from Employer A to Employer B. His transfer application will be sent to INS on 15th June.

My problem is my H4 --> H1 application is with INS under process. We received the receipt notice for that ( It has been received by INS on April 27th). We are still waiting for the approval.
---------------------- what is your H4 I-94 expiry date? if it is going to expire in near future then you can file H4 extension with your spouse H1 extension (no need to file H4 extension if you have H4 based I-94 till October)
My question is

1) Do I have to transfer my H4 with his H1 or I can wait till I receive my H1 approval/rejection?
--------------------- that is upto you you did not provide info when your H4 based I-94 is going to expire. Provide full details of your H4 visa stamp validity and H4 based I-94. do you think when your H4 to H1 COS gets approved your employer will pay you and will not wait for the project? not getting paid after october on H1 status may make you out of status.

AMEE

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