H4 Extention issue

[BocaH1]

Hi list,

Here is my situation, I have valid visa on my passport until march 25 , 2005 which was from company A, my wife also has a valid visa on her passport until march 25, 2005 which was also from company A. Last April I transferred my H1 to company B and I am working now with company B, I recently got my new H1 from new company B which on I797 is valid until oct 26 , 2005. My lawyer told me that I dont have to apply for my wife's H4 application as it is a transfer , is this true ?
My wife is planning to go to India next month, does she need H4 extention (I539) while applying for her H4 revalidation ? Also, can she take an appointment next month at the consulate even though she has visa on her passport until march 25 , 2005 ? what is the earliest date can anyone apply for the H4 visa revalidation before the current one expires ?

Thanks! a lot

 

[ginnu]

Hi list,

Here is my situation, I have valid visa on my passport until march 25 , 2005 which was from company A, my wife also has a valid visa on her passport until march 25, 2005 which was also from company A. Last April I transferred my H1 to company B and I am working now with company B, I recently got my new H1 from new company B which on I797 is valid until oct 26 , 2005. My lawyer told me that I dont have to apply for my wife's H4 application as it is a transfer , is this true ?
--that is true but you could have filed wife H4 extension so that both have the same I-94 expiry date, nothing wrong with her H4 status as she has valid I-94 march 2005, file her H4 extension with form I-539 before her I-94 expiry date, best time to file her H4 extension is november/december 2004
My wife is planning to go to India next month, does she need H4 extention (I539) while applying for her H4 revalidation ?
---- why she needs new H1 VISA STAMP if she has valid Visa stamp in her passport from your past employer name on it? if she is going to come after the Visa stamp expires then she needs new H4 Visa to be stamped if she is coing before her H4 visa in passport is Valid she can show your new H1 approval at POE and passport valid H4 visa stamp and she will get I-94 till your recent H1 approval notice
Also, can she take an appointment next month at the consulate even though she has visa on her passport until march 25 , 2005 ?
--she does NOT need new Visa stamp if she is coming back to US BEFORE march 25 , 2005
what is the earliest date can anyone apply for the H4 visa revalidation before the current one expires ?
---- if she is in US then one can apply for H4 any day before I-94 expires or 6 months advance of I-94 expiry date

Thanks! a lot

 

[BocaH1]

Hi Ginnu,

Thanks! for the reply.

Also, can she take an appointment next month at the consulate even though she has visa on her passport until march 25 , 2005 ?
--she does NOT need new Visa stamp if she is coming back to US BEFORE march 25 , 2005
--> she is going to come back to US after March 25 2005 and I want her to get the VISA stamped ASAP in Chennai

what is the earliest date can anyone apply for the H4 visa revalidation before the current one expires ?
---- if she is in US then one can apply for H4 any day before I-94 expires or 6 months advance of I-94 expiry date
--> Since she is going from US to India and already got previous H4 visa stamped , does she still considered to be in "US" according to your statement ? Does this mean that when she goes to India next month can she take appointment at chennai consulate ? she is planning to take appointment on Sep 30th that would be withing 6 months of her current visa expiration