H1 transfer, what happens to H4? Urgent!

[itshuman]

Hello
Please solve my dilemma.
I am getting my H1 trannferred as a premium processing. Me and my wife have a current valid H1/H4 (i.e. I 94) till Nov 2003 on the passport. Also, I have my current visa extension till Apr 2006. But the current visa which came by extension is not stamped on the passport. Now, if my new H1 comes in say next 20 days. My wife is planning to go to India in first week June. What will be her status here. Is it required to file an H4 transfer along with H1? or she can go to india with my 797 and get the new H4 stamped???
What happens for the time duration for her status when we receive the new H1 and the time she goes to India.
Will she be out of status or will she be ok???

Please help.
Thanks

 

[vortex]

I couldnt understand your question clearly.

Have you applied for an extension for your wife before the expiry of her I-94(Nov 2003)?? If not then she is already over staying her visa. Consult a lawyer.

If yes, and you are planning to transfer your H1 to a new employer, then I think you need to extend her visa also along with it.

--Vortex.

Originally posted by itshuman
Hello
Please solve my dilemma.
I am getting my H1 trannferred as a premium processing. Me and my wife have a current valid H1/H4 (i.e. I 94) till Nov 2003 on the passport. Also, I have my current visa extension till Apr 2006. But the current visa which came by extension is not stamped on the passport. Now, if my new H1 comes in say next 20 days. My wife is planning to go to India in first week June. What will be her status here. Is it required to file an H4 transfer along with H1? or she can go to india with my 797 and get the new H4 stamped???
What happens for the time duration for her status when we receive the new H1 and the time she goes to India.
Will she be out of status or will she be ok???

Please help.
Thanks

 

[itshuman]

resolved

No worries guys, I just got my Labor approved. No more H1 Transfer for now. Thank you for your help. Me and my wife both have a valid extended H1 & H4 visa resp. good Luck to others.

Just for Information. As long as a valid I-94 is there for H4 visa, no additional document is required for the H4 processing , while H1-B holder is doing H1 transfers. I confirmed this from our lawyer.
Thanks again