Do we need H4 transfer if old companies I-94 still valid

[anjuvinu]

Hi,
I was working for company A and changed to company B in the beginning of july 2004. I and my wife(H4)
have visa stamped till 05/2005 for company A. In begining of July, I started working for company B and
they applied for H1 transfer. Also company B used substitute labor for me and applied I-140/485 concurrent
from CSC for me and my wife. My wife also applied EAD/AP.

My questions are:-
1. company B did not apply for my wife's H4 transfer (though Company A's I-94 valid till 5/04).They
told me that its not reqd as she already have valid I-94. Is this OK or she needs to transfer H4.

2. She may get EAD in a month or so (hope), then does she really need H4?

Thanks in advance.

 

[ginnu]

Hi,
I was working for company A and changed to company B in the beginning of july 2004.
I and my wife(H4)
have visa stamped till 05/2005 for company A.

In begining of July, I started working for company B and
they applied for H1 transfer.
Also company B used substitute labor for me and applied I-140/485 concurrent
from CSC for me and my wife. My wife also applied EAD/AP.

My questions are:-
1. company B did not apply for my wife's H4 transfer (though Company A's I-94 valid till 5/04).They
told me that its not reqd as she already have valid I-94. Is this OK or she needs to transfer H4.
--- She does not need to TRANFER H4 she is tied to you not to employer, if she wants to maintain H4 status then she has to file H4 extension BEFORE her I-94 gets expired( she can file H4 extension 6 month advance of I-94 expiry date with copy of your recent H1 approval and use form I-539)
2. She may get EAD in a month or so (hope), then does she really need H4?
---- you have filed your I-140 based on LC substitution, even if she gets EAD better she should NOT use EAD till your I-140 gets approved becase if I-140 gets denied then EAD AP, I-485 all will be denied and she will not have any status if she does not extend her H4 from USCIS with form I-539 or she can go out of US and can get H4 visa based on your H1 status. You should also maintain H1 status till you r I-140 does not get approved. Best option both maintain H1 and H4 staus and should not use EAD till I-140 gets approved, file her H4 extension any time with USCIS before her I-94 expires ( it takes 4-5 month to get H4 extension approval, your employer/lawyer just wanted to save money they could have asked YOU to pay for her H4 extension that way her H4 extension could have been filed with your H1 transfer in same envelope and she could have got her H4 extension till your H1 transfer approval date the same day your H1 got approved and both would have got your I-94s expiring same day)
Thanks in advance.