H4 extension/transfer required with H1B transfer?

[hkapoor]

Hi,

I have a query regarding H4 extension/transfer.
My current H1B (and my spouse's H4) is valid till March 2012. In case I transfer my H1B to a different employer is it necessary to transfer or extend H4 also? Or the same(current) H4 is good till March 2012.
As there are still more than 2 years, my spouse would travel out of US before March 2012, so I am thinking when she goes out, she has to get her visa stamped (because current visa is already expired).
My queries are:
1. Can my spouse continue on current H4 (without transferring it with my H1B)? Is this legal or H4 HAS to be extended/ transferred with H1B transfer?
2. Once she goes out of US, she can get the visa stamped based on my THEN current H1B and get visa till my latest H1 approval notice. Is this fine? Or consular officer may ask her, WHY she did not extend her approval/I94 with my (H1B) transfer when she was in US?

Thanks in advance.

Regards,
HK

 

[ginnu]

Hi,

I have a query regarding H4 extension/transfer.
My current H1B (and my spouse's H4) is valid till March 2012.
In case I transfer my H1B to a different employer is it necessary to transfer or extend H4 also?
---------------------better to file both H1 and H4 so that you both will have new I-94 expiry of same date. (many dont file H4 as it is not must and many lawyer advice to file H4 also with H1T)
Or the same(current) H4 is good till March 2012.
--------------------- H4 is good till March 2012 but H4 holder MUST file H4 extension BEFORE the I-94 gets expired. your spouse can file H4 ext Nov/Dec 2011.
As there are still more than 2 years, my spouse would travel out of US before March 2012, so I am thinking when she goes out, she has to get her visa stamped (because current visa is already expired).
-------if her Visa stamp is expired then file her H4 with your H1 so that she gets H4 till maximum validity or till your H1 validity and will get H4 visa stamp till your H1 validity.

My queries are:
1. Can my spouse continue on current H4 (without transferring it with my H1B)?
------------------Yes
Is this legal or H4 HAS to be extended/ transferred with H1B transfer?
----------------H4 is not must. H4 is tied to your H1 status and not to employer A or B. many file H4 with H1 and many dont file.

2. Once she goes out of US, she can get the visa stamped based on my THEN current H1B and get visa till my latest H1 approval notice.
-----------------------Yes
Is this fine?
------fine
Or consular officer may ask her,
WHY she did not extend her approval/I94 with my (H1B) transfer when she was in US?
--------------------No, as she stayed in US with valid I-94
Thanks in advance.

Regards,
HK

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