Do we need to transfer h4 each time we change company/h1

[gkb]

Hi,
I worked for a company A , my wife got h4 thru that company and entered into U.S. Her I-94 is valid until 2003 March. But recently I got laid off and I filed another H1 from company B. But I did not file H4 for her. Is she legal now? or tranfering H4 is mandatory? Your answer will be appreciated.

Thanks

 

[raj574]

The H-4 nonimmigrant classification is not specific to an employer, the H-4 nonimmigrant alien remains in valid status even if the principal alien changes H-1B employers. No action is required on the part of the H-4 nonimmigrant alien when the principal H-1B alien changes employers within the same classification."

See the following link for details: http://www.immihelp.com/visas/h1b/h4.html#CaseExample

 

[gkb]

Thanks Raj.

See this link: http://www.immihelp.com/visas/h1b/beyond6.html#Scenario1

The status of a dependent of an H-1B non-immigrant is derivative of and linked to the status of the principal H-1B non-immigrant. Therefore, dependents are eligible for H-4 status upon filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with the filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B non-immigrant.


I did not understand the meaning of advise here, Is it a rule or a suggestion?

Thanks

 

[jaxen]

H4 needs to be filed everytime

Contingency wise (i.e. the primary gets stuck somewhere or ends up in a coma!!) it is always advisable to spend that extra effort and keep your dependents in pace with your employer changes.

Scenario1 example is more accurate assessment- I539 (which is the h4 transfer ) needs to be filed along with the h1 transfer.