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  • H4 Transfer Question

    Hi,

    I have transfered my H1 from Company A to Company B.
    Now i need to apply for my wife's H4 transfer from Same company A to same Company B.
    My wife's current H4 visa is valid till Sept 29, 2012 from Company A.
    Company A is not yet know my H1 transfer, but before he knows, i want to complete my wifes h4 transfer also.

    Now for apply H4 transfer, i need to submit my recent pay stubs.

    My Questions are:

    Q1:
    Can i apply today with Company A (old employer) pay stubs
    or
    Do i need to wait for Company B's (new employer) pay stubs

    Q2:If Company A(old employer) knows my H1 transfer, is there any affect on wifes h4 transfer ?

    Please suggest me

    Thanks & Regards,
    Venkat

  • #2
    H4 status has got nothing to do with the employer who you work for. There is no need for you to file the H4 extension just because you have changed your employer. You can file the H4 extension later when the H4 status is just about to expire (extension can be filed 6 month prior to the I-94 expiry date). Usually when you transfer the H1B, the employer will also file for H4 along with the H1B transfer just so that both of you will get an I-94 that expires at the same time. Since your employer filed only the H1B transfer, it is not required for you to file the H4 extension now. It would be waste of money. If she ever go out of the country, while returning back she can show your new I-797 from employer B and get an I-94 that has expiry date same as yours.
    Not a legal advice. Use of this information is strictly at your own risk.

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