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H4 visa extension - when H1 switches employer

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  • H4 visa extension - when H1 switches employer

    Hi,

    I am on H1b visa and have my spouse and kid with me on H4. Our Visas are valid till April-2017.
    Today is Jan-17, 2017.

    Here are few facts:
    1. I am planning to switch the job and my new employer is going to file a premium application for Visa transfer for me.
    2. My wife and kid are going to India on Jan-30, 2017 and would return back on Mar-08, 2017.
    3. My current employer is going to file for extension of Visas for me and my family soon.
    4. My new employer will not sponser H4 visa, so I need to pay the fee associated with it.


    My questions are:
    1. Do I need to file for my family's visa extension/renewal when my H1b transfer application is filed (with new employer)?
    2. As they are going out of the country and I will have a new visa validity date before they return back, can they just use my application approval to get new I-94 date?
    3. Is it ok to if our visa extension by current employer and Visa transfer by new employer are done simultaneously?
    4. Can my family enter back US using extension application filed by my current employer (even though I would have left my current employer by the time they return back)?


    Please help in getting some clarity over this.


    Thanks!

  • #2
    Originally posted by dreamz2win View Post
    Hi,

    I am on H1b visa and have my spouse and kid with me on H4. Our Visas are valid till April-2017.
    Today is Jan-17, 2017.

    Here are few facts:
    1. I am planning to switch the job and my new employer is going to file a premium application for Visa transfer for me.
    2. My wife and kid are going to India on Jan-30, 2017 and would return back on Mar-08, 2017.
    3. My current employer is going to file for extension of Visas for me and my family soon.
    4. My new employer will not sponser H4 visa, so I need to pay the fee associated with it.


    My questions are:
    1. Do I need to file for my family's visa extension/renewal when my H1b transfer application is filed (with new employer)?
    2. As they are going out of the country and I will have a new visa validity date before they return back, can they just use my application approval to get new I-94 date?
    3. Is it ok to if our visa extension by current employer and Visa transfer by new employer are done simultaneously?
    4. Can my family enter back US using extension application filed by my current employer (even though I would have left my current employer by the time they return back)?


    Please help in getting some clarity over this.


    Thanks!
    Visa, petition and I-94 are three different things. Visa is what is stamped in your passport, petition is the approval notice I797. I-94 is what is granted to the port of entry.

    1. Visa renewal can only happen at consulate outside US.
    2. What you will have is new petition validity not visa. Your dependents can show the latest I797 to the officer, he/she may or may not grant I-94 matching the I797 as their visa is expiring April 2017.
    3. Again, what employer is filing is for petition extension as well as stay extension not visa extension.
    4. Read answer 2.

    This is my opinion not legal advice.

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