Urgent: H4 Transfer: I-539 re-filing

[srani]

Hello Friends,

I got my H1 approved till 2013 when I applied in January 2010. My wife also got H4 at the same time.

I got a new job offer and My new Employer is applying for H1 Transfer for me .
My question is do I need to apply for Her her transfer also and do I need to refill I-539 form again. Also I do not see any option for H4-transfer in I-539 application.

Thanks a lot
Raj

[shervin143]

There is no such thing as H4 transfer. H4 depends on you (Primary H1B applicant) maintaining your valid H1B status. You need to file the extension of status (form I-539) for your dependents only when their current I-94 is about to expire. You can file it 6 months in advance of their I-94 expiry date. You changing your employer on H1B will not impact their status.

[srani]

Employer said they will be filing for H4 extension as well

Hello sherwin,

thanks for the response. I spoke the employer and they told that they will be filing for H4 extension as well. I just wanted to make sure if they are on the right path of applying for extension even though her I-94 is valid till 2013.

Thank you.
Raj

[shervin143]

They can sure do that. It is good that your employer is willing to do that even though it is not necessary. When they file H1 & H4 together, you all will most likely get the I-94's that expires at the same date.

Hello sherwin,

thanks for the response. I spoke the employer and they told that they will be filing for H4 extension as well. I just wanted to make sure if they are on the right path of applying for extension even though her I-94 is valid till 2013.

Thank you.
Raj

[abhayg4]

HI OP,

As per my view - if your spouse I-94 is valid till 2013.....Then there is no need for you to apply for her extension as she can legally stay till 2013

As mentioned by shervin - she will probably get the same I-94 number with the same expiry/end date.

Also if her extension is taking 2-3 months time to process and in-between she wants to go to India.....then there are other problems ....

Thanks and Regards,
Abhay