H4 Transfer...........Please Advise

N

niceone

Registered Users (C)
Hello Ginnu & Others

I have transferred my H1B from company A to B back in October 2008 and working for B. My wife has H4 (company A) with I-94 & visa stamped on her passport & it's valid up to AUG 2010.

Do I need to transfer her H4 to company B?(Using my company B approved notice)

Please advise.

Thanks
KPR
 
No, she doesn't have to transfer her H4 just because you transfered your H1. Her H4 is tied to your H1, not to your employer.
 
Thanks.Just in case if my previous employer (Company A) cancel my old H1B,Will it be a issue on my Wife H4(Since her current H4 is based on Company A)

Thanks Again
 
Your wife's H4 status is tied to your H1 status, not to your employer. If you maintain a valid H1 status, your wife's H4 status is valid as long as a) your H1 is valid, or b) H4 I-94 issued to her is valid, whichever occurs earlier.

Having said that, many h1 holders also apply for Extension of their spouse's H4 status at the same time they apply for an H1 transfer. This is to keep everything up to date.

If you don't apply for your wife's H4 extension and you forget to apply for it before the I-94 date on hre H4 then she can potentially be out of status.
 
Last edited by a moderator:
niceone said:
Hello Ginnu & Others

I have transferred my H1B from company A to B back in October 2008 and working for B.

My wife has H4 (company A) with I-94 & visa stamped on her passport & it's valid up to AUG 2010.
----------------That is OK.
Do I need to transfer her H4 to company B?(Using my company B approved notice)
-------------No need. her H4 status is not tied to Employer A or B her H4status is tied to your H1 status. if she has I-94 valid till AUG 2010 then File her H4 extension with form I-539 BEFORE her I-94 gets expired (one CAN file H4 extension 6 months advance of I-94 expiry date)
Please advise.


Thanks
KPR
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