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H4 Transfer maximum duration

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  • H4 Transfer maximum duration

    Hi,

    I am on H4 visa currently and residing in US.My husband had a job change and his H1 visa transfer was applied last month and he got it approved 2 days back.
    The Employer told applying H4 along with H1 might delay the H1 process and it would be better if we apply H4 after the H1 is approved.
    I thought we will get the H4 in a month as we get in India.But now I came to know that it takes more than 90 days.Is that true?
    How much time does it take for H4 to be approved when we apply from US.My I94 expires in january and I have to travel to India in January and return to US in April.
    Can I travel after my I94 expiry and the new H4 process is still in progress? Will there be any issues? Any suggestions would be greatly appreciated.
    Thank you.

  • #2
    There is no such thing as H4 transfer. It is only an extension of status application. If you are leaving the US before your I-94 expiry date, you don't need to file anything. Before returning just apply for H4 Visa using the new H1 petition and your new I-94 (which you will get on returning) will be according to the new petition.

    If you are leaving the US after I-94 expiry, you will have to file for extension. If you file now, you should get the decision in 2 to 3 months. (generally 2 months).
    This is my opinion and not legal advice.

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