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H4 transfer while H1B is in process

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  • H4 transfer while H1B is in process

    I am on H1B visa and I am currently getting it transferred to another company. They are filing a petition for me and my wife and kid. My wife, has an approved H1B petition this year (already approved since it was premium), so she will be able to start working from October 2014.

    1. Is it madatory that my new company needs to file H4 for her?
    2. If they are filing it, is it okay to put the end date after October 1st 2014, since she already has an approved H1B petition this year?
    3. In case we are not filing H4, will that cause any troubles to her visa stamp since my current company name is mentioned on it?

  • #2
    Originally posted by h1btraveller2013 View Post
    I am on H1B visa and I am currently getting it transferred to another company. They are filing a petition for me and my wife and kid. My wife, has an approved H1B petition this year (already approved since it was premium), so she will be able to start working from October 2014.

    1. Is it madatory that my new company needs to file H4 for her?
    2. If they are filing it, is it okay to put the end date after October 1st 2014, since she already has an approved H1B petition this year?
    3. In case we are not filing H4, will that cause any troubles to her visa stamp since my current company name is mentioned on it?
    When you say H1 approved, did you already get the approval I797 along with a new I-94?

    There is nothing called H4 transfer. When is H4 I-94 expiring? if it is valid more than 01-Oct-2014 then why the need for filing extension
    1. No.
    2. One cannot put a request for end of status.
    3. It depends upon till when is the H4 I-94 expiry.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      When you say H1 approved, did you already get the approval I797 along with a new I-94?

      There is nothing called H4 transfer. When is H4 I-94 expiring? if it is valid more than 01-Oct-2014 then why the need for filing extension
      1. No.
      2. One cannot put a request for end of status.
      3. It depends upon till when is the H4 I-94 expiry.

      This is my opinion not legal advice.
      Thanks for your asnwer.
      H1B case status is shown as approved online. We still havent received the I797 yet. The H4 I-94 is valid till August 2016. Does this mean my new company need not do H4 petition for her?

      They clarified with me saying that, if my current company revokes my petition after I move, that would void her H4. Is this true? Anything different, if there is a chance for her to travel to India in between? Kindly clarify.

      Comment

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