H4 transfer...question

[surisingh]

Hi All,

I went to india last september, got married and went to stamping for my H1B and my wife got H4. We came back to US on october, then I changed my employer. I transferred my H1B with the new employer and i have got RFE for some documents. I didn't initiate any H4 transfer to my wife. I thought of doing it once my H1B got approved.

1) So in case, if my previous employer cancel my H1B, Can i still do H4 transfer to my wife?

2) If my previous employer don't cancel my H1B and if i do H4 transfer to my wife after 1 month, will USCIS asks any recent paystubs with my previous employer?

3) Now I need to give some documents to USCIS for RFE. At this time, can i transfer my wife's H4 to my employer?

Thanks,
Suri

[shervin143]

There is no such thing as H4 transfer. H4 has nothing do with your employers. As long as you are in valid H1B status and your spouse's I-94 (H4) is valid, that is good enough to stay legally in the country. You will need to file the extension of status for your spouse only when the H4 I-94 is about to expire (Extension can be filed 6 months in advance). Search and read the instructions to file form I-539 for extending the status of your spouse.

Some employers will file the H1B and H4 together so that both of you can have the same I-94 expiry date. However it is not mandatory for the employer to file the extension for the dependents.