Should the Spouse H4 Visa be transferred?

NitinPai

New Member
I recently joined from Company A to Company B and had my H1 visa transferred to Company B. My wife's H4 Visa is still under company A's name and has not been transferred. Company B's lawyer feels there is no need to transfer it and says the spouse will remain in status as long as I continue to hold a valid H1 status. My H1 approval notice is valid till 05/2007 and my wife's H4 approval notice valid till 02/2007. My wife and I are planning to go to India in February and would get our visa stamped at the US Consulate. My question:

Since the name of the employer is different in my wife's H4 and my H1 approval notice, will there be a problem at the US Consulate or at the immigration desk in the port of entry?

Thank you in advance.
 
NitinPai said:
I recently joined from Company A to Company B and had my H1 visa transferred to Company B. My wife's H4 Visa is still under company A's name and has not been transferred. Company B's lawyer feels there is no need to transfer it and says the spouse will remain in status as long as I continue to hold a valid H1 status.
--- lawyer is corect saying thatyour spouse does not need to transfer H 4visa but it is not true that she will be automaticaly in status till you recent H1 approval till 05/2007, your spouse needs to file H4 extension with form I-539 before her I-94 gets expired ( she can file 6 months advance of I-94 expiry date for her extension with USCIS and will be extended till your H1)

My H1 approval notice is valid till 05/2007 and my wife's H4 approval notice valid till 02/2007.
My wife and I are planning to go to India in February and would get our visa stamped at the US Consulate. My question:

Since the name of the employer is different in my wife's H4 and my H1 approval notice, will there be a problem at the US Consulate or at the immigration desk in the port of entry?
------ if YOU the primary is going to get visa stamp based on new H1 tranfer approval then she can also get new H4 visa stamped till your H1 validity date ( new H4 visa stamp is not needed for spouse, she can enter US with the present visa in passport but if you wish then she can get the new stamp and waste the money) no problema for her if your passport has visa stamp with present employer name and your wife with past employer name visa stamp, no problem at POE your spouse is tied to you not to any employer
Thank you in advance.
 
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