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H4 transfer case ....extremely urgent ! pls help

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  • H4 transfer case ....extremely urgent ! pls help

    Hi,I have a question regarding H4 Transfer. Situation is –

    1. The principal alien is the beneficiary of an H-1B visa petition by 'Company A'. In dec 2006 he received an Extension .The visa is valid for a period of 3 years (2009) (By the end of 3 years max limit of 6 years will be reached). The accompanying family member receives an H-4 visa approval for the same period reflecting the principal alien's employment with 'Company A' but she never went for stamping. The Visa stamped on the dependant’s passport expired in Dec 2006.

    2. Now the principal alien changes employers. A new H-1B visa is petitioned for by 'Company B', and all procedures are followed so that the principal alien is never out of status. The validity dates on the H1 is Jan 1 2010. No H4 is filed for the Dependant by the 'Company B'. Now dependant’s H-4 visa has two years remaining (Dec 6 2009) as opposed to principals new approval which is valid till Jan 1 2010 , but the H4 shows 'Company A' as the H-1B petitioner and not 'Company B'.



    Question:

    1: Is the dependent H-4 visa holder required to file I-539 from 'Company B' to maintain their status?

    2: If we leave US then to re-enter do we need to get visa re-stamped in the name of company B, if yes how & what docs are required ?

    3. What will be the conditions if an H1B visa has been filed for the H4 Holder but the approval has not come in till now since there is a query & relevant papers in support of it have been submitted to USCIS.

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