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  • H4 dependent out of country when H1 gets transferred

    Dear Experts,

    I'm currently with a H1 working here at US and I have couple of questions to ask,

    1. I'm in the process of transferring my H1 from my current employer to new employer. My dependent whose is currently in H4 with my current employer is out of country and I'm planning to bring her back to US once my H1 gets transferred to new employer. Is it possible to have my dependents H4 transferred to my new employer while she is not in US and also does she needs to stamp her visa again with the new petition before entering. Currently she has a valid visa till Sep'15 with my current employer. If she can travel with her old visa what are the documents she should have for the POE.

    2. How much does it cost for H4 transfer alone and how easy is it to do it on my own. Also can you clarify my understanding, that there is no H4 transfer and it's just H4 extension (I-539) which will have new expiry date based on my transfered H1 petition. Is that correct?

    Appreciate your earliest reponse.

    Thanks--

  • #2
    Originally posted by arounk View Post
    Dear Experts,

    I'm currently with a H1 working here at US and I have couple of questions to ask,

    1. I'm in the process of transferring my H1 from my current employer to new employer. My dependent whose is currently in H4 with my current employer is out of country and I'm planning to bring her back to US once my H1 gets transferred to new employer. Is it possible to have my dependents H4 transferred to my new employer while she is not in US and also does she needs to stamp her visa again with the new petition before entering. Currently she has a valid visa till Sep'15 with my current employer. If she can travel with her old visa what are the documents she should have for the POE.

    2. How much does it cost for H4 transfer alone and how easy is it to do it on my own. Also can you clarify my understanding, that there is no H4 transfer and it's just H4 extension (I-539) which will have new expiry date based on my transfered H1 petition. Is that correct?

    Appreciate your earliest reponse.

    Thanks--
    You are right, technically there is nothing called "H4 Transfer" as visas are not tied to an employer, even if the employer name shows on the visas. She would need to show you latest I797 for the new employer and be prapred with client letter/latest paystubs just in case asked for.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      You are right, technically there is nothing called "H4 Transfer" as visas are not tied to an employer, even if the employer name shows on the visas. She would need to show you latest I797 for the new employer and be prapred with client letter/latest paystubs just in case asked for.

      This is my opinion not legal advice.
      Thank you Raghvi!

      Can you let me know wheather I can extend her H4 (currently valid till Sep'15) while she is still out of country, meaning can I apply for her extension along with my H1 which is getting transferred to my new employer. Also she won't be needing her new H4 approval notice at the POE, only her valid visa with earlier employer and my new I-797 will suffice.

      Comment


      • #4
        Visa, petition and I-94 are three different things. Though technically she need not need to go for fresh stamping, it is advisable that she does as without a new stamping she would get I-94 only till her current visa expiry date (Sep 2015), not as per your new I797.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          Visa, petition and I-94 are three different things. Though technically she need not need to go for fresh stamping, it is advisable that she does as without a new stamping she would get I-94 only till her current visa expiry date (Sep 2015), not as per your new I797.

          This is my opinion not legal advice.
          Appreciate your prompt response!

          I'm still not very clear wheather I can apply for her extension while she is still out of country and she can use the that while travelling back. Would that be possible? Sorry, If haven't framed my questions properly earlier.

          Comment


          • #6
            Originally posted by arounk View Post
            Appreciate your prompt response!

            I'm still not very clear wheather I can apply for her extension while she is still out of country and she can use the that while travelling back. Would that be possible? Sorry, If haven't framed my questions properly earlier.
            Extension for what?

            Visa extension? - That is not possible while in US. Visa extension means getting a new visa by going for new visa stamping at a consulate outside US.
            Stay Extension (also called as I-94 extension )? - That is not possible while one is outside US as one is not staying in US.

            When one is in US on a dependent visa such as H4, and ones I94 is nearing expiry, one applies for extension using form I539, the approval of which results in a I797 with a bottom part having a new I-94 date. This can only be done if person is already in US and I-94 is expiring within 6 Months.


            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              Extension for what?

              Visa extension? - That is not possible while in US. Visa extension means getting a new visa by going for new visa stamping at a consulate outside US.
              Stay Extension (also called as I-94 extension )? - That is not possible while one is outside US as one is not staying in US.

              When one is in US on a dependent visa such as H4, and ones I94 is nearing expiry, one applies for extension using form I539, the approval of which results in a I797 with a bottom part having a new I-94 date. This can only be done if person is already in US and I-94 is expiring within 6 Months.


              This is my opinion not legal advice.

              I meant Stay Extension. But thanks I'm clear now

              Comment


              • #8
                Originally posted by raghvi View Post
                Visa, petition and I-94 are three different things. Though technically she need not need to go for fresh stamping, it is advisable that she does as without a new stamping she would get I-94 only till her current visa expiry date (Sep 2015), not as per your new I797.

                This is my opinion not legal advice.

                Hi Raghvi,

                I did had a chance to connect my new employer's attorney who is currently taking care of my H1 transfer about my spouse case. Here is the response from them,


                Question: Since my spouse who is on H4 (valid till 30thSep'15) currently out of country, will she be able to travel back into US with her valid visa with my current employer and use my new transferred and approved I-797 at the Port of Entry.

                Attorney: Is your spouse planning to stay abroad until your H-1B transfer is approved? If so, your spouse must obtain a new H-4 visa with the correct annotations and validity dates before entering the U.S.


                My concern now is, is there a risk with my spouse traveling with her existing visa. If we decide to have fresh stamping of her H4 visa before traveling, will just my new approved I-797 and marriage certificate would allow her to get stamped.

                Please advise.

                Thanks--

                Comment

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