H1 transfer?Is H4 also required to transfer?

[nsreddy]

Hi,

I am in confusion whether I am in correct way or in wrong way.
My problem is like this.

1.I have transfered my H1 to new company and got the approval notice it is valid till 2013.No where mentioned my wife name in the new I797.
2.But my wife s still with the old company and H4 is valid till 2011 May.

As per my understanding when ever I transfer my H1B ,My new company has to transfer my wife H4 to the new company, Am I correct? That way my wife H4 and my H1 both would be valid till my H1B expired.

Q1) Please let me know Do I need to ask my new company to transfer my wife H4 ?
Q2) What will happen,If my new company not transfer to their name and the current H4 expired (After May 2011)?

Thanks in advance,
Reddy

[shervin143]

1.I have transfered my H1 to new company and got the approval notice it is valid till 2013.No where mentioned my wife name in the new I797.
2.But my wife s still with the old company and H4 is valid till 2011 May.
>>> H4 doesn't belong any company in particular. H4 is basedon your valid H1B status.

As per my understanding when ever I transfer my H1B ,My new company has to transfer my wife H4 to the new company, Am I correct? That way my wife H4 and my H1 both would be valid till my H1B expired.
>>> That is not correct. There is no such thing as H4 transfer as H4 has nothing to do with whom you are employed with.

Q1) Please let me know Do I need to ask my new company to transfer my wife H4 ?
>>> No.

Q2) What will happen,If my new company not transfer to their name and the current H4 expired (After May 2011)?
>>> You need to file the H4 extension for your wife using form I-539 (search Immihelp). Extension of status can be filed only 6 months in advance of the current I-94 expiry date. Alternatively, if she leaves the country and enters back with her old H4 visa and your new I-797 approval notice, she will get a new I-94 until your petition expiry date.

[nsreddy]

H1 transfer?Is H4 also required to transfer?

Thanks for your prompt and knowledgeable response.
Now , I have to explain my question in detailed to get the some more information.

A) I was holding H1 from A company which was valid Jan 2010.So my wife also went to chennai consulate and got the H4 visa till Jan 2010 and she got I94 till Jan 2010 when she was entering in to U.S in Dec 2009.

B) I moved to company B in Aug 2009 and got the I797 and valid till 2011 May month.I have applied H4 extension for my wife in Dec 2009 since her I94 and H4 was only valid till Jan 2010 . She got her H4 till May 2011 (As my H1B expired date).But her I94 stamp (Which stamped POE officers) still Jan 2010.

C) Again I moved to company C in Apr 2010 and got the I797 approval till 2013.But my wife is on old H4 which is by B company and valid till May 2011 and expired I94 (Which stamped by POE officer expired in Jan 2010).

My Questions are
1)So my wife I94 expired in Jan 2010(Which stamped by POE officer) but B company applied in Dec 2009 for H4 extension and got approval in Feb 2010 and valid till May 2011.It doesn't required for her to move to C company H4 extension?So that she will get new H4 extension and I94 (I94- bottom of H4 extension document not by POE officer)?

2.You have mentioned that "Extension of status can be filed only 6 months in advance of the current I-94 expiry date." Her current valid H4 is till May 2011 So She has to apply after Dec 1st of 2010, Am I correct?If she apply after Dec1st 2010,Will she get the H4 till 2013 (along with new I94) as I got my I797 expiry date?

3.This H4 extension generally apply by the company (my case C company) or personally by us?

Thanks in advance for your help,
Reddy

[shervin143]

Usually when a company files and extension of H1B (which is the company's responsibility) they will file the extension for the dependents along with the primary applicant (H1B holder). However it is not necessary for employer to file the H4 extensions as H4 has nothing to with them.

When you are inside U.S, you can forget about the visa validity. Visa is required only when you enter U.S. Once you are inside U.S your I-94 is what is important. Extension of status can be filed only 6 months in advance (which i have already mentioned below). In your case, since it was an H1B transfer, you got an extension along with the transfer. If your wife's I-94 is expiring in 2011, then try and file her extension of status (For I-539) about 5 months before the I-94 expiry date. When it gets approved, her H4 petition will come with an I-94 that will valid till your petition expiry date. In between, if she has to leave the country, then while re-entering U.S, she can show your current I-797 approval notice (which is valid till 2013) and get an I-94 till that petition expiry date at the POE.