H1B Transfer - Not needed for dependents?

[milindim]

Hello,

Employer B applying for H1B transfer from A. B is saying only H1B is required to be transferred but not H4 unless if I-94 expiring in less than 6 months.

When friend of mine transferred his H1B the whole family (both H1B and H4) got new petition with new I-94.

Is B wrong in my case? Responses really appreciated!

[milda]

Advisable to transfer for whole family.
Your Mr. B is trying to save little bucks which he has to spent for your H4 dependants. Ask him, that amount will be very little, so transfer for whole family.

[Note:- I am sharing my views, contact your attorney for the best advice]

[abhayg4]

Hi,

Please note that there is no term "TRANSFER" in case of H4/Dependents.
"Transfer" is done only for H1/Principal Applicants only.

For H4 , its the EXTENSION which needs to be done in case their I-94 is about to expire in next 6 months.
So your employer B is absolutely right , so if for your dependents I-94 is expiring in coming 6 months then employer B can file for their extension along with your H1.
So you all will get new I-797 with new extended I-94 attached to it.

Also, please note that for H4 extension Employer is not liable to PAY as per law, its only for H1.

Thanks and Regards,
Abhay