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Need to apply for H4

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  • Need to apply for H4

    Hi
    My husband already transfer his H1 visas on another company and its in process. His employer is saying no need to applay for H4 bcoz my I94 is valid. So my question is is their any problem with my H4. if i would like to go to india so for stamping they asks about my visas? can i go to india on my I 94? My husband also didn't go for stamping? So i need to apply for H4 transfer? Please help me . I am worried about my status.

    Thanks
    kasish.

  • #2
    There is no such thing as H4 transfer. If your current H4 I-94 is valid for more than 6 months, then you need not file the H4 extension now. H4 is not associated with any employer. H4 is tied to the H1B status of the primary applicant. As long as your husband is in valid H1B status (irrespective of which employer he is working for) and your H4 I-94 is currently valid for more than 6 months, you need not file the H4 now. You can file form I-539 to extend the H4 status based on your husband's new I-797 approval notice when your I-94 is about to expire (advisable to file it at least 3 months prior to your I-94 expiry date).

    If you are planing to leave the country before your I-94 expires, then there is no need to file the extension. When you leave, return all your I-94s at the airport. When you re-enter you will get a new I-94 at the POE. YOu need a valid H4 visa to re-enter. If you don't have one at the time of your return, you need to get it stamped based on your husband's latest H1B approval notice.


    Originally posted by cvmph2000 View Post
    Hi
    My husband already transfer his H1 visas on another company and its in process. His employer is saying no need to applay for H4 bcoz my I94 is valid. So my question is is their any problem with my H4. if i would like to go to india so for stamping they asks about my visas? can i go to india on my I 94? My husband also didn't go for stamping? So i need to apply for H4 transfer? Please help me . I am worried about my status.

    Thanks
    kasish.
    Not a legal advice. Use of this information is strictly at your own risk.

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