H1 Transfer and Spouse lost I94

[prabhurohan1]

Hi

I will be changing jobs on H1 and tranferring my H1 in next 15 days, my wife who is on H4 lsot her I94 card, whats happens now?
Any help would be greatly appreciated..
Thanks
Rohan

[kabkaba]

When will/did the I-94 expire? Does she have a copy? She does not need to do anything with your transfer, but I-94 is an important document and she should get a duplicate before it expires, so that she can use it to extend her status.

[prabhurohan1]

When will/did the I-94 expire? Does she have a copy? She does not need to do anything with your transfer, but I-94 is an important document and she should get a duplicate before it expires, so that she can use it to extend her status.

her i94 expires sept 2013, my h1 transfer is mid jan 2013, she does not have a copy, i heard that when i send documents for my transfer i have to send her i94 copy too, so thats my concern, i will be filing i102 for a replacement i94 but it wont arrive by mid jan. so thats why i was wondering, how does it affect my or her case in the transfer application.

Thanks for your help

[kabkaba]

She should not file I-539 to extend her status along with your new employer's petition. Your new employer should also not do that on her behalf. They should only file for you.
She can stay in the US until her I-94 expires, her status is not tied to your employer, so she will be fine.
Next she should apply for duplicate I-94 and after she receives that and after your receive the petition approval, then she can file I-539 to extend her status.

Alternatively, she can send the replacement I-94 application and I-539 along with your new employer's petition. Discuss this with new employer's lawyers if they are willing to do that.

[prabhurohan1]

She should not file I-539 to extend her status along with your new employer's petition. Your new employer should also not do that on her behalf. They should only file for you.
She can stay in the US until her I-94 expires, her status is not tied to your employer, so she will be fine.
Next she should apply for duplicate I-94 and after she receives that and after your receive the petition approval, then she can file I-539 to extend her status.

Alternatively, she can send the replacement I-94 application and I-539 along with your new employer's petition. Discuss this with new employer's lawyers if they are willing to do that.

Thanks a ton