H4 validity and also H4 dependency on specific employer?

V

vb1

Registered Users (C)
I have H1 valid till April 14 2006 from emp A. I have filed for H1 transfer TO emp B with same validatity date(end date) of April 14 2006 at which time my 6 years will be over.

My wife has H4 stamped at consulate in Mumbai till April 14 2006. She is in India and I am in USA at the time of filing H1 transfer. She cannot file for H4 extension because she is in India.

My question is can she legally enter USA on her old H4 stamp valid till April 14, 2006 after around 2/3 months from now and I should not file for her H4 extension because in any case H4 extension will be valid till that date of April 2006 only. According to some people H4 is not employer specific and is only dependent on H1B person maintaining his H1 status and H4 person looking at valid I-94's. Based on my interpretation she is legally entering in USA in this case and will have legal status if my H1 is valid till April 14, 2006 no matter who the employer is. But let me know if I need to get her H4 again? Please reply if you know about this and don't guess because this is very critical for me.

So, Let me know if this will be ok for me that my wife enters on previously stamped H4 VISA.

Thanks for your help
 
vb1 said:
I have H1 valid till April 14 2006 from emp A. I have filed for H1 transfer TO emp B with same validatity date(end date) of April 14 2006 at which time my 6 years will be over.

My wife has H4 stamped at consulate in Mumbai till April 14 2006. She is in India and I am in USA at the time of filing H1 transfer. She cannot file for H4 extension because she is in India.

My question is can she legally enter USA on her old H4 stamp valid till April 14, 2006 after around 2/3 months from now and I should not file for her H4 extension because in any case H4 extension will be valid till that date of April 2006 only. According to some people H4 is not employer specific

Yes, you are correct.

She can extend her h4 as soon as she enters US


and is only dependent on H1B person maintaining his H1 status and H4 person looking at valid I-94's. Based on my interpretation she is legally entering in USA in this case and will have legal status if my H1 is valid till April 14, 2006 no matter who the employer is. But let me know if I need to get her H4 again? Please reply if you know about this and don't guess because this is very critical for me.

So, Let me know if this will be ok for me that my wife enters on previously stamped H4 VISA.

Thanks for your help
Click to expand...
 
Last edited by a moderator:
Gear Guru:
I was not very clear about your answer here. Did you mean to say she has to go to consulate with my new H1 papers and get the VISA H4 stamped again with same expiry date or she can just come to USA on her old stamped VISA and just tell imigration officer that her husband is working for different company.

Regards
 
vb1 said:
Gear Guru:
I was not very clear about your answer here. Did you mean to say she has to go to consulate with my new H1 papers and get the VISA H4 stamped again with same expiry date or she can just come to USA on her old stamped VISA and just tell imigration officer that her husband is working for different company.

Regards
Click to expand...
My question is can she legally enter USA on her old H4 stamp valid till April 14, 2006 after around 2/3 months from now and I should not file for her H4 extension because in any case H4 extension will be valid till that date of April 2006 only. According to some people H4 is not employer specific
Yes, you are correct.

She can extend her h4 as soon as she enters US,. She can enter with valid old H4 visa on her pp
 
You must log in or register to reply here.
Top