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Do I need to file I539 (H4) everytime my husband has a H1b Transfer

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  • Do I need to file I539 (H4) everytime my husband has a H1b Transfer

    I am on H4 Visa dependent on my husbands H1b Visa. I got into the country 2 yrs ago when my husband was with company A., so my passport is stamped with details of my husbands company A (stamp expires SEP 2010).

    NOV 09 my husband got his H1b transferred & approved to Company B and also filed for I539 along with that for which we received a I797A form (valid till OCT 2012)

    MAR 10 my husband got his H1b transferred & approved to Company C, but this company did not file for my I539.

    SO my question is every time my husband transfers his H1b, do we have to file for a I-539 ?

    I am planning to travel out of country so can I take the I797A which I currently have and enter back the country w/o any problems.

    Forum experts please advise. Your help is much appreciated.

    Thanks !

  • #2
    You should take the I797A of your husband's current job/employer and can enter using that approval. Your previous I797A from the old employer has value only when you are in the US.

    You need not keep applying for I539 unless you want your I-94 to have the same expiry date as your husband's I-94. Keep in mind that you should file for an extension if the I-94 is close to expiry even if the husband's I797 is valid for a longer period of time.

    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.


    • #3
      Thanks for you advise txh1b.

      I am currently in the US with my husband.

      There are 2 things which I want to get opinion on
      1. Staying in LEGAL STATUS in US
      2. When I travel outside US, what are the documents which I need to carry ?

      Concern is bcas
      1. My passport has a VISA Stamp valid till SEP 10 with husbands EMPLOYERS A Name/ WAC# reference on it.
      2. Current I797A based on husbands EMPLOYER B
      3. Nothing with reference to husbands EMPLOYER C

      Your help is greatly appreciated.

      Thanks !


      • #4
        Employer details in the visa doesn't matter. As long as the visa remains valid, you can use it to re-enter with the latest approval notice from your spouse.

        For the list of documents, check this
        Not a legal advice. Use of this information is strictly at your own risk.