H4 transfer?

jc2002

Registered Users (C)
I have searched the forum but did not find my answer.
I got my H1B extension approved thru premium processing. But my spouse is using regular processing for H4 extension. Now I am joining a new company, new company will file my H1B transfer. What about my spouse? Do I ask the new company to include my spouse for the transfer? But her current H1B expired and is waiting for approval for the extension. any help would be appreciated.
We are from a country where we don't need visa stamps.
Thanks
 
jc2002 said:
I have searched the forum but did not find my answer.
I got my H1B extension approved thru premium processing.
But my spouse is using regular processing for H4 extension.
-----Did she file H4 extension before her I-94 expiry date? if YES She is OK
Now I am joining a new company, new company will file my H1B transfer. What about my spouse?
-----IF she has timely filed H4 extension using form I-539 and is pending let it get approved, she will be OK( why you did not include her H4 exten with your EXT? that way she could have got H4 the same day approval with your Approval
Do I ask the new company to include my spouse for the transfer?
---If her H4 extension is still pending then no need to file H4 extenson, once she gets that H4 extension approved then again she has to file H4 extension before her I-94 expires( that I-94 will be attached with her H4 extenson )
But her current H1B expired and is waiting for approval for the extension.
Her H1B or H4????????
any help would be appreciated.

We are from a country where we don't need visa stamps.
Thanks
 
Thanks. If I understand your answer correctly, when I join the new company, she does not need to do anything but wait for her extension to be approved. Then use my new H1B to apply for another H4? Is that correct? All this can be done without going out of the country, right? I am a little concerned as when I join the new company, her status is still my old H1b, is that a problem? We filed together originally using regular processing, but later I switched to premium processing, will her H4 be considered premium processing automatically now or I need to contact BCIS to tell them that I use premium processing and we filed together originally??

Thanks so much for the answer.
 
jc2002 said:
Thanks. If I understand your answer correctly, when I join the new company, she does not need to do anything but wait for her extension to be approved.
----correct
Then use my new H1B to apply for another H4? Is that correct?
----- She does NOT need another H4 just becase you Transfred H1 or got H1 extended, when she gets her H4 approved look at the I-94 that is attached with her H4 approval notice AND dont forget to apply her H4 extension again with Form I-539 before her NEW I-94 (that will be attached with her approval notice) gets expire, file her H4 extension again 4-5 months before of her I-94 expiry date AND her H4 can only be extended till YOUR H1 approval notice
She is tied to you not to any employer ,her H4 is based on your H1 status

All this can be done without going out of the country, right?
----- Yes, if you file timely before her I-94 expiry date
I am a little concerned as when I join the new company, her status is still my old H1b, is that a problem?
---- that is not a problem
We filed together originally using regular processing, but later I switched to premium processing,
will her H4 be considered premium processing automatically
----NO
now

or I need to contact BCIS to tell them that I use premium processing and we filed together originally??
----- you can contact BCIS ,better talk to your lawyer who filed your H1 and her H4, he will be the better person to let you know more info.

Thanks so much for the answer.
 
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