H4 - H1B Missing I 94 Spouse changing Employer

prathapmd

Registered Users (C)
My Wife H1B is approved but the issue is she didn't get the I-94 attached .She got I-797 B instead of I-797 A . Her attorney had filed an amendment for getting the I-94(I-797 A) and not sure when we will get it approved. Her H4 (I 539) (filed by my current employer) is valid till 08/2009 . As I am transferring my H1B do I need to file H4 Transfer also (since she doesn't have COS approved for H1B). Please let me know
 
Thanks for the reply, Here are the details

She entered Us in July/2006 on H4 Visa . I changed Employer in Sep 2006 and we alos apllied her I-539 and got it approved and Her I-94 is valid till 08/2009. We applied for H1b 04/2007 and approved on 06/2007 . But due to attorney's mistake she didn't get I-94 attached with H1B approval(got I-797 B instead of I-797 A) . So Attorney applied for Ammendment for getting the I-94 for H1B (I-797 A) .

Now i am planning to change to another Employer , Do i Need to file her H4 Transfer also Now ,even though the old H4 filled by my current employer is valid till 08/2009 ?
 
Thanks for the reply, Here are the details

She entered Us in July/2006 on H4 Visa . I changed Employer in Sep 2006 and we alos apllied her I-539 and got it approved and Her I-94 is valid till 08/2009.
We applied for H1b 04/2007 and approved on 06/2007 . But due to attorney's mistake she didn't get I-94 attached with H1B approval(got I-797 B instead of I-797 A) . So Attorney applied for Ammendment for getting the I-94 for H1B (I-797 A) .

Now i am planning to change to another Employer , Do i Need to file her H4 Transfer also Now ,even though the old H4 filled by my current employer is valid till 08/2009 ?
-----------------if her H4 based I-94 is valid till 08/2009 then no need of H4 extension (you can file H4 extension later Before her I-94 gets expired ), if YOU think your H1 Transfer approval will be valid more than 08/2009 then you can apply her H4 ext with your H1 transfer.
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