Husband abandoned Wife - he's undergoing H1 Transfer - Her H4 Status?

[balrog1978]

My sister's husband has threatened to abandon her they are both in the US (west coast)- he's now undergoing H1 Transfer and is indicating as soon as it comes through - she will no longer hold H4 status and would have to leave US immediately. Had a couple of quesitons:

a) Is this true? If he gets H1 Transfer - is her H4 automatically cancelled?
b) If yes- how long before her H4 stands cancelled? She wants to leave the country instead of getting caught in out of status or deportation issues..

Shipra

[shervin143]

H1B transfer will not put H4 out of status. There is no such thing as H4 transfer since H4 is not associated with H1B's employer. If your sister's I-94 is valid, she can continue to stay in U.S until her I-94 expiry date even if the primary H1B holder transfers his petition to a new employer. But if H1B goes out of status (Transfer gets denied) then H4 also goes out of status.