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  • H1-transfer and H4

    Hi All,

    I am sure there are tons of threads available like my situation but thought of posting one since i was not able to find for what i was exactly looking for.

    Currently , i am in US and having H1-B stamped till Feb 2017 with my employer A. My wife got her H4 stamping last month and have visa stamped till Feb 2017. Please note , she is still in India and had stamping with my current petition of employer A.

    Now i am planning to have H1-B transfer to new employer B :-

    1 ) Would i get the new H1-B Petition valid beyond Feb 2017 or there are chances that it can be valid on the basis of the project information what employer B submits?

    2 ) My wife is still in India so while coming to US , would she require the new petition or the petition with which she got her visa stamped ? Because , by the time she comes to US , my employer A might revoke the petition if i join employer B.

    3) I know that there is no H4-Transfer and H4 is totally depend on my H1-B Status. But while sending the documents to employer B for visa transfer , i saw one statement :-
    The employee is solely responsible for the I‐539 form for dependents in the US that require H‐4 status.**Form I‐539 and
    its instrucƟons can be found at hƩp://www.uscis.gov/portal/site/uscis.


    I know i should not be worried about this because my wife is still not in US , but just wanted to confirm , should i be worried about this or not ?

    Thanks.

    Regards,
    Ankit

  • #2
    Originally posted by ankit692 View Post
    Hi All,

    I am sure there are tons of threads available like my situation but thought of posting one since i was not able to find for what i was exactly looking for.

    Currently , i am in US and having H1-B stamped till Feb 2017 with my employer A. My wife got her H4 stamping last month and have visa stamped till Feb 2017. Please note , she is still in India and had stamping with my current petition of employer A.

    Now i am planning to have H1-B transfer to new employer B :-

    1 ) Would i get the new H1-B Petition valid beyond Feb 2017 or there are chances that it can be valid on the basis of the project information what employer B submits? -- It may be based on work availability with B. 3 years is the maximum that they can give.

    2 ) My wife is still in India so while coming to US , would she require the new petition or the petition with which she got her visa stamped ? Because , by the time she comes to US , my employer A might revoke the petition if i join employer B. - She can use the same Visa, but she will need the H1 petition approval notice corresponding to the employer you are working for at that time.

    3) I know that there is no H4-Transfer and H4 is totally depend on my H1-B Status. But while sending the documents to employer B for visa transfer , i saw one statement :-
    The employee is solely responsible for the I‐539 form for dependents in the US that require H‐4 status.**Form I‐539 and
    its instrucƟons can be found at hƩp://www.uscis.gov/portal/site/uscis.


    I know i should not be worried about this because my wife is still not in US , but just wanted to confirm , should i be worried about this or not ? --no that's fine

    Thanks.

    Regards,
    Ankit
    see above
    This is my opinion and not legal advice.

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