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Reg. H1 and H4 Status

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  • Reg. H1 and H4 Status

    Hi Experts

    I have transferred my H1 from Employer A to employer B in April 2008 and now my H1 is
    valid upto 2011.

    My Employer A didn't informed USCIS to terminate my H1 and it is still active.

    I am working on my new H1B with my employer B and not satisfied with his services and false promises.

    My Husband is on H4 with my previous Employer A status(Means His H4 is valid upto 2009 September) and I forgot to transfer his H4 (not filed I-539 yet).

    Now My Questions are:
    1. Is my Husband has valid status now? or is he in invalid status?
    2. If I want to move back to my Employer A; Since He haven't Canceled my H1B what is the transfer procedure?
    3. If I continue with Employer B and file H4 extension (I-539) to my husband will it be any problem?
    4. Is this April-September (6 months) delay will effect on my Husband status if I file I-539 now?

    Thanks in Advance
    Last edited by satvi; 09-19-2008, 04:46 PM.

  • #2
    1. Yes, he is in valid status if his I-94 is valid. There is no H4 transfer process and H4 is purely dependent on the H1b holder holding the status and on the H4 I-94. You can file for an extension of the H4 I-94 atleast 6 months before it expires.
    2. Nothing. Just go back and start working.
    3. Why? You need not.
    4. There is nothing to extend for your husband now as he is in status if his I-94 is valid.

    Such issues have to be thought earlier. If it were that your husband's H4 had to be extended and you forgot about it, your husband would have had a 3 year ban from entering US. Be proactive in immigration matters as there is no chance to be reactive with regards to immigration.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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