Need Help Regarding H-4 Visa

[amitsonu38]

Hello Everyone,

I just changed my Job and my new company has already applied my H-1B visa transfer and I have already got my 797 form USCIS. my wife got her H-4 visa last year from my previous company. Now I wanted to know that as my H-1B visa is getting transfered to new company, do I also have to transfer her H-4 Visa or there should be no change for her?

Please let me know.

thanks a lot in advance !!!

Amit

[imish]

Your wife H4 petition should also be filled with your new employer.

In regards to visa (new employer), she would only need once she goes out of USA and return back.

[shervin143]

This information is incorrect. H4 has got nothing to do with any employer. Employers file H4 along with H1B as a courtesy. It is not mandatory for the employer to file the H4 along with the H1B and it is not required to file the H4 extension just because the H1B holder changed employer.

Your wife H4 petition should also be filled with your new employer.

[shervin143]

H4 has nothing to do with your employer. H4 status is tied to your H1B status and not to your employer. The employers usually applies the H1B and H4 together while filing the H1B transfer so that both will have the same I-94 expiry date. However, it is not mandatory for the employer to file the H4. If your wife's I-94 is not expiring any time soon (within the next 6 months) then you don't have to do anything for now. H4 extension can be filed by yourself and it can be filed 6 months before the I-94 expiry date.

Hello Everyone,

I just changed my Job and my new company has already applied my H-1B visa transfer and I have already got my 797 form USCIS. my wife got her H-4 visa last year from my previous company. Now I wanted to know that as my H-1B visa is getting transfered to new company, do I also have to transfer her H-4 Visa or there should be no change for her?

Please let me know.

thanks a lot in advance !!!

Amit

[amitsonu38]

H4 has nothing to do with your employer. H4 status is tied to your H1B status and not to your employer. The employers usually applies the H1B and H4 together while filing the H1B transfer so that both will have the same I-94 expiry date. However, it is not mandatory for the employer to file the H4. If your wife's I-94 is not expiring any time soon (within the next 6 months) then you don't have to do anything for now. H4 extension can be filed by yourself and it can be filed 6 months before the I-94 expiry date.

Thanks a lot for your reply. I really appreciate this. Her H-4 Visa and I-94 is valid till Sep 2012. but I want to know what happens if she visits India?
Does she need to do anything ?

Thanks

[abhayg4]

Hi OP,

When your wife goes to India , she has to return her all I-94's at the US airport while going.

If she is coming back before SEP-2012 to US , then nothing is required to be done .She can come back with the exisiting valid visa and while coming back - at POE(in US) -she just needs to show your NEW APPROVAL NOTICE .
Officer will then issue her a new I-94 (Validity as per the approval notice)

If she is coming back after SEP-2012 - she needs to get H4 visa stamped again using your NEW APPROVAL NOTICE and other required documents for
H4 visa.

Thanks and Regards,
Abhay

[amitsonu38]

Hi OP,

When your wife goes to India , she has to return her all I-94's at the US airport while going.

If she is coming back before SEP-2012 to US , then nothing is required to be done .She can come back with the exisiting valid visa and while coming back - at POE(in US) -she just needs to show your NEW APPROVAL NOTICE .
Officer will then issue her a new I-94 (Validity as per the approval notice)

If she is coming back after SEP-2012 - she needs to get H4 visa stamped again using your NEW APPROVAL NOTICE and other required documents for
H4 visa.

Thanks and Regards,
Abhay

Thanks a lot for this help Abhay. I really appreciate this.

Regards,
Amit