H1 transfer - H4 has filed H1b

[dreams1112]

Hi, I am on H1b applying for H1b transfer.

Spouse is on H4 and has filed H1b this year and got receipt number.

When I file H1b transfer, do I have to file spouse H4 also?

Does it affect his H1b application as we get receipt number?

Thanks

[raghvi]

Hi, I am on H1b applying for H1b transfer.

Spouse is on H4 and has filed H1b this year and got receipt number.

When I file H1b transfer, do I have to file spouse H4 also?

Does it affect his H1b application as we get receipt number?

Thanks

Most of the immigration questions are irrelevant without associated dates. Till when is H1/H4 valid? till when is H1/H4 I-94 valid?

If you spouse's H4 I-94 is currently valid till 30-Sep-2014 or beyond, then technically no need to file her H4 extension as she would automatically move to H1 (if H1 subsequently approved). Only if for some reason her H1 is rejected you need to file for her H4 extension near I-94 expiry.

This is my opinion not legal advice.