H4 transfer while H4 is in India

[bapu100]

Hi,
I am in the process of transfering my H1B from employer A to employer B. My wife, who holds H4 of employer A, is in India now. While I tranfer my H1B, do i have to tranfer my wife H4 also to employer B?. She surrendered her H4 of employer A while she left from US. Pl. advise me.

Thanks
Bapu

 

[ginnu]

Hi,
I am in the process of transfering my H1B from employer A to employer B.
My wife, who holds H4 of employer A, is in India now.
While I tranfer my H1B, do i have to tranfer my wife H4 also to employer B?.
--NO, her H4 status has nothing to do with A or B it depends on your H1B status. As she is not in US you cant file her H4 extension
She surrendered her H4 of employer A while she left from US.
----- What do you mean by above statement?? she ONLY surrunderd I-94 when she departed US.

** if she has valid H4 Visa stamp in her passport with A neme still she CAN eneter US on H4 status and will get I-94 till the Visa stamp expiry date. and once she is in US you can file her H4 extension with form I-539 before her I-94 gets expired.
*** if you get your H1 transfer approved BEFORE she comes to US and has valid Visa stamp of A then at POE she should show Passport Visa stamp AND your H1 transfer approval notice and she will get I-94 till your new H1 approval notice
Pl. advise me.

Thanks
Bapu