H-4 / H-1 dependency

[venu23]

Hello all,

I am H-1 and my wife on H-4. I will be changing my job soon and hence onto a new H-1.

1)How does it effect my wife's H-4? Does she need to change her h-4 too?
2) How does it effect her future H-4 to H-1 status change?

Any information is greatly appreciated.

Thanks in advance,
Venu

 

[jaxen]

Answers

1. yes, File I539 alongwith h1 extension/transfer
2. No additional affectation...

 

[Jim Mills]

Actually, there is no requirement to file for an H-4 "transfer" for her as the H-4 is not employer dependant and who you work for is irrelevant to her H-4 status. As long as you maintain H-1 status with any employer, her H-4 status will remain valid until it expires.

However, although there is no requirement for her to file an H-4, you may want to file for an H-4 extension so that her H-4 expiration coincides with your H-1 expiration. Of course, if she is filing a COS to H-1, there is no benefit to the filing. If she stays in H-4 status and her H-4 expiration no longer coincides with your H-1 expiration, you need to monitor her H-4 expiration closely because it becomes a mess if her H-4 expires prior to filing for an extension. It can be done, but it isn't easy.