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H-1 and H-4 together

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  • H-1 and H-4 together

    Hi,

    I am in USA on H-1, My wife is in India. If I transfer H-1 to another Employer,can I apply H-4 of my Wife same time even though my wife is not in USA?

    Please help
    Thank you

  • #2
    What exactly do you mean by applying H4 when she is not in U.S? Your wife will have to attend the visa interview based on your I-797 approval notice of whichever employer who will be working as of the date of her H4 visa interview and if the visa gets approved, she can travel to U.S.

    Originally posted by rpatel59 View Post
    Hi,

    I am in USA on H-1, My wife is in India. If I transfer H-1 to another Employer,can I apply H-4 of my Wife same time even though my wife is not in USA?

    Please help
    Thank you
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      H-1 and H-4 together

      hi,

      Yes I mean that can I file my Wife's H-4 with my H-1 visa from USA, She is never been is USA.

      Thanks

      Comment


      • #4
        There is nothing to apply for her. Your new employer will file the transfer for you and your wife needs to apply for her H4 Visa at a consulate using your latest petition approval notice.
        This is my opinion and not legal advice.

        Comment


        • #5
          Here is the list of documents that she need to apply for H4 visa at the U.S consulate.
          https://www.immihelp.com/h4-visa-stamping-documents/
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Do I need to ammend/update my dependents visa also to current employer?

            Hello,
            I am on H-1b, recently changed my employer. But I couldn't change my dependents visa(H4) along with my H-1b transfer. So mydependents H4 is showing old employer details. Do I need to ammend/update my dependents H4/I-94 also to current employer?
            Thanks in advance

            Comment


            • #7
              Not required. H4 is not tied to any of your employers. They can stay in the country as long as their I-94 is valid. If their I-94 is about to expire, then you can file an extension by filling form I-539.

              Originally posted by kiran_38799 View Post
              Hello,
              I am on H-1b, recently changed my employer. But I couldn't change my dependents visa(H4) along with my H-1b transfer. So mydependents H4 is showing old employer details. Do I need to ammend/update my dependents H4/I-94 also to current employer?
              Thanks in advance
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment

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