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H1 being transferred while wife(H4) is visiting India

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  • H1 being transferred while wife(H4) is visiting India

    Hi,
    Due to job change,my H1 transfer is being applied now.
    My wife holds a valid H4 (valid till Jul 2013)
    Should I wait for her to return back next month to start my H1 transfer?(so that I can apply her H4 transfer with me)
    The information from my attorney is ambiguous.
    Hence need your help.

    thanks

  • #2
    You don't need to wait for her to return back to file your transfer. You can proceed with the transfer. By the time she return back, if you are still with the current employer, then she can show your approval notice with the current employer and get an I-94 until it's expiry date. If you have moved to the new employer, then she should wait until you receive the transferred petition so that she can show that at the POE to receive an I-94 that matches your transferred petition's expiry date (You don't need to file her H4 extension).
    Not a legal advice. Use of this information is strictly at your own risk.

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