Urgent: Filing of H4 on H1 tranfer?

[rahulgup]

Hi,
I changed my job from A to B and filed the H1 transfer with B. Employer A withdrew our H1 and H4 after I left.

The H4 for my spouse was not filed alongwith the H1 transfer papers. I was told that I can file the spouse's H4 alongwith my H1 OR after receiving the H1 approval notice. As long as I am in status, spouse's H4 is also in status. So as of right now, my spouse does not have any H4. Will she be considered out of status until her H4 is filed after my approval notice comes back or will she be considered in status as long as my H1 transfer was applied appropriately?

Could you please tell me if this is true? This is urgent. Please let me know.

Thanks,
RG

 

[rahulgup]

I am very nervous. Could someone please share some knowledge on this issue. Will my spouse be out of status because H4 has not been applied along with my H1 transfer? I have the receipt notice for H1 transfer and am working for "B".

 

[ginnu]

I am very nervous. Could someone please share some knowledge on this issue. Will my spouse be out of status because H4 has not been applied along with my H1 transfer? I have the receipt notice for H1 transfer and am working for "B".

you have not posted enough info about your I-94 expiry and your spouse I-94 expiry date.

FYI if no H4 extension was filed for her before her I-94 expiry date then she is out of status. If she has valid I-94 then she is on H4 status and H4 extension need to be filed BEFORE her I-94 gets expired.

when H1 transfer for you was filed it would have been better to file her H4 extension if her I-94 was going to expire.
****you did not post info about her I-94 or Visa stamp expiry date

 

[rahulgup]

you have not posted enough info about your I-94 expiry and your spouse I-94 expiry date.

FYI if no H4 extension was filed for her before her I-94 expiry date then she is out of status. If she has valid I-94 then she is on H4 status and H4 extension need to be filed BEFORE her I-94 gets expired.

when H1 transfer for you was filed it would have been better to file her H4 extension if her I-94 was going to expire.
****you did not post info about her I-94 or Visa stamp expiry date

The I-94 expiry for me and my spouse is May 14th, 2006. Same for the visa stamped on our passports. The three years for of my visa finish on May14th. So it has not expired yet. So if the H4 for my wife is applied before 14th, she should be fine? Please let me know.

 

[ginnu]

The I-94 expiry for me and my spouse is May 14th, 2006. Same for the visa stamped on our passports. The three years for of my visa finish on May14th. So it has not expired yet. So if the H4 for my wife is applied before 14th, she should be fine? Please let me know.

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1 your wife is on H4 status till the date of expiry on her I-94
2 you changed employer and new employer has only filed for your H1 transfer /ext and you did not file your spouse H4 extension with your H1 transfer. If you have got the H1 filing receipt go to lawyer ASAP and file your wife H4 extension (your wife need to sign Form I-539, attach the copy of YOUR H1 filing receipt, her valid I-94 copy both the sides, copy of your I-94 both the sides. Her H4 extension papers MUST reach USCIS BEFORE May 14,2006
*** Employer/lawyer did a mistake, they could have filed H4 with your H1 transfer/ext and in the same envelope and you both could have been approved same day .