H4 in case of H1 transfer

D

dxsfd

Registered Users (C)
I'm planning to change employer and file H1 transfer, do I have to do anything for my dependents, ex. file transfer for them too?
 
dxsfd said:
I'm planning to change employer and file H1 transfer, do I have to do anything for my dependents, ex. file transfer for them too?
Click to expand...
------ when you file H1 transfer better file spouse H4with form I-539 also so that she/he will also get H4 approval notice with your H1 transfer approval notice and you both will have the same date of expiry on attached I-94( by law she is OK if she does not file her H4 becase you are transfring employer and she is tied to you not to any employer, if you are not filing her H4 then note her I-94 expiry date and she MUST file H4 extension BEFORE her I-94 gets expire) If I am in your situation I will file her H4 with form I-593 with H1 papers in the SAME envelope to USCIS ( if the employer is not ready to pay for her H4 you can pay the fees)
 
if i am doing an H1 transfer and my VISA is already stamped for the max period allowed that is 6 years (same is true for spouse).

DO i need to file I-539 for H4 transfer of my spouse along with my H1 transfer even though I-94 dates are not going to change?

I have heard of lot of people being in a mess because they forgot to transfer wife's h4 and put wife Out of status.


thanks
 
josamdee said:
if i am doing an H1 transfer and my VISA is already stamped for the max period allowed that is 6 years (same is true for spouse).

DO i need to file I-539 for H4 transfer of my spouse along with my H1 transfer even though I-94 dates are not going to change?
------ no need to file spouse H4 transfer if she has valid I-94 till her H4 Visa and you think that your H1 transfer will be filed till your 6 year validity date only you are changing the employer she is only tied to you with your status.

I have heard of lot of people being in a mess because they forgot to transfer wife's h4 and put wife Out of status.
------ FYI they are in mess becasue they Tranfred H1 for example till 2007 while spouse had I-94 validity only till December 30,2004 in that case when they filed H1 trasfer or H1 extension before December 30,2004(date is just example) they were supposed to file spouse H4 extension with H1 transfer or extension or BEFORE H4 holder I-94 expiry date.
** if you are eligible or become eligible to apply for 7th year H1 then you need to file her H4 extension also with your 7th year H1

thanks
Click to expand...
 
Thanks Ginnu,

I have noticed that you are the only one who has replied to almost all questions of similar kind :cool:

thanks for the info
 
You must log in or register to reply here.
Top