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AC21 case - can H1 be transferred?
- Thread starter swas
- Start date
TheRealCanadian
Volunteer Moderator
If I invoke AC21 and leave my sponser company, can my new company transfer H1/H4?
Sure.
thanks
REalcanadian
It is a good news for me and new to me.Thanks thanks.
Just clarifying as tomorrow I am meeting the new company to pursue the new job position.
So if my new employer transfers H1 (my wifes H4) then I dont need to work on EAD. Is this a correct assumption?
So assuming in 2010 Feb, If green card does not come can they apply for 3 years H1/H4 extension?
Swas
REalcanadian
It is a good news for me and new to me.Thanks thanks.
Just clarifying as tomorrow I am meeting the new company to pursue the new job position.
So if my new employer transfers H1 (my wifes H4) then I dont need to work on EAD. Is this a correct assumption?
So assuming in 2010 Feb, If green card does not come can they apply for 3 years H1/H4 extension?
Swas
TheRealCanadian
Volunteer Moderator
So if my new employer transfers H1 (my wifes H4) then I dont need to work on EAD. Is this a correct assumption?
Yes, and they just need to file an h1 petition on your behalf. There is nothing to be done for your wife.
So assuming in 2010 Feb, If green card does not come can they apply for 3 years H1/H4 extension?
Yes, you should be eligible for 1 or 3 year extensions, depending on wether your PD is current.
Real canadian
Real canadian you are a real friend.
One last clarification I promise. You said only they need to file my H1. Why my wifes' H4 does not need to file? I thought they go hand in hand. When I first changed my first H1 company both H1/H4 were done together!
Also in case H4 is not transferred then in 2010 can my new company apply for extension of her H4 that time?
BTW today I had a meeting with the would be new employer and told them what needs to be done. The manager will talk to his manager and get back soon.
Real canadian you are a real friend.
One last clarification I promise. You said only they need to file my H1. Why my wifes' H4 does not need to file? I thought they go hand in hand. When I first changed my first H1 company both H1/H4 were done together!
Also in case H4 is not transferred then in 2010 can my new company apply for extension of her H4 that time?
BTW today I had a meeting with the would be new employer and told them what needs to be done. The manager will talk to his manager and get back soon.
You can do that. ORReal canadian you are a real friend.
One last clarification I promise. You said only they need to file my H1. Why my wifes' H4 does not need to file? I thought they go hand in hand. When I first changed my first H1 company both H1/H4 were done together!
If the current H4 is valid she can continue on the same one until I-94 expires. At the expiry of the I-94 you can renew the H4.
In any case her I-485 is peding that always keeps her in status though you need EAD/AP to work/Travel
TheRealCanadian
Volunteer Moderator
You said only they need to file my H1. Why my wifes' H4 does not need to file? I thought they go hand in hand.
Your wife's H-4 is based solely upon you being in H-1 status. The specific petitioner doesn't really matter. Unless her I-94 is about to expire (in which case you should file an extension), there's really no point.
Also in case H4 is not transferred then in 2010 can my new company apply for extension of her H4 that time?
When her I-94 is about to expire, she should apply for an extension. The company has nothing to do with it.