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H4 to H1 Transfer Query

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  • H4 to H1 Transfer Query


    My wife is on H4 and got a job, now her employer has applied for a transfer from H4 to H1 and the application got a query which her employer is answering. My H-1 is getting expired at the April 2013 and so my wife's H4 visa and her I-94 are until the same time. My Employer has also started to file my extension. Now my question is should my employer be applying for an H4 extension for my wife also for her, while there is another application for H4 to H1 transfer for her.

    Also if my H-1 extension does not complete until end of April then, can my wife continue to stay on the expired H4 in US after April even if she does not receive her H-1?

    Please advise.

    Thank you!

  • #2
    No need to file H4 extension, she can continue to stay as long as her H4 to H1 COS is pending.