H4 Refusal

P

prabca

Registered Users (C)
Hey Gurus
If an Amended H1b petetion is filed for change of salary for the same compnay do we need to file for H4 in form ! 539 also.
I got this doubt because some one has posted, INS refused H4 on the ground that a person changed companies and it seems INS stated that dependent is out of status from date of New company H1b.
though he has applied the extention of H4 immediately after expiry of I 94 of spouse , with the new H1b.
please clarify.
 
An H4 continues to be valid (until the date on I-94) as long as the principal alien holds a valid H1. If the principal alien changes employment and does not violate his/her I-94 status during the employer change, the H4 holders need not apply for a new H4 approval.
From a practical point of view, applying for H4 extension makes sense because then all will have consistent I-94 expiration dates.
 
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