Need Help on H4 ...Anitha

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Does the H4 holder need to file I 539, when spouse (H1) changes employer ?
H4 holder I-94 is still valid which is associated with previous h1b.
Anyone has experience ?
 
H4

Anita,
If your 1-94 is still valid then U need not do any thing about it.

But before it expires be sure to apply for H4 using Spouse new H1b.
I-539 is used to request a extension to stay.

If it good to apply for H4 extension well before the I-94 expires.

HTH
 
I beg to differ . When i changed my employer, my Attorney suggested to file I539 for her once again. It is always better to have both H1 and H4 from the same employer.
 
kirankumarj said:
I beg to differ . When i changed my employer, my Attorney suggested to file I539 for her once again. It is always better to have both H1 and H4 from the same employer.
Click to expand...

I think I agree with kirankumarj. It is always better to get H4 follow the H1.
 
Hi Anitha,

The difference is between what is legal and what is practical.

Legally, as I understand, as long as the H4 is in the same status having current I-94, it is legal and in-status. One needs to apply for I-539 before the expiry of I-94.

Practically, H4 being dependent visa of H1, it may be good to be on the same page with the renewed & extended I-94.

As we know, the US has stopped issuing extension of H and other visas domestically, one has to go to home country of neighboring countries for those visas, if required. It is required then to have the extension approved.

DIGS
EB3, India
H1 / H4 Extension received in March 2005.
 
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Depends

It depends -- U cannot generalise for every one....
If someone enters the country with H1b and the spouse on H4 -- if the principal changes job and files for new H1b in a month ... It makes little sense to file for H4 too

If you have got good $ or the fees is paid by employer then go ahead and do h4 .... sometimes attorney does not charge any fees for H4 ..

But in Legal terms -- one can continue with old I-94 as long as it is valid.
 
When I transfered my H1B to new employer, my lawyer said no need to apply for new H4 (as long as I-94 is valid) . since h4 is derived from h1B and there is no relationship between H4 visa holder and employer. So I didn't file I539.

My previous lawyer insisted on filing I539 earlier (for my previous job) since her reasoning is that if we file H1 and h4 at one time, the expiry dates on new I-94's would be same.
so it is easy to keep tab on the expriy of I-94's.
 
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Hi rak1974,

Your previous lawyer needs to know that irrespective of when I-539 is applied, the revised I-94 dates of all H4 dependents will be the same as the current I-94 date of the principal H1 beneficiary.

DIGS
EB3, India
 
filing I539

i am thinking of filing I539 for my dependent. i am here on h1, changed to company b from a. company b's h1 valid till mid of 2008. dependend on company a's h4, i-94 expiring on sep 07.
anyone filed h4, please share your experience.
Part2:
1st question: checked a. An extension of stay in my current status.

part3
2nd question: checked yes and provided lin number
3rd question: checked no Is this application based on a separate petition or application to give your spouse, child or parent an extension or change of status?

part4
question 3: checked yes for g

part5: child can't sign, so do i need to fill any info here.
part6: if i file for my dependent, do i have to fill the firm name? will it be my empoler's details?
 
Yes its better to file for transfer of H4 as well. I did the same for my wife. I filed I539 for h4 extension when my visa expired. But it is still pending, and meanwhile we went to canada and got stamped as well. Even my lawyer suggested the same to be upto date. rest is up to you
 
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