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Is H4 Visa transfer required?

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  • Is H4 Visa transfer required?

    I'm applying for H1 transfer with a new employer, but my family is on H4 (wife and kid). Should they be also changing the visas at this time or they would be automatically updated?

  • #2
    You changing your employer in H1B status has nothing to do with your dependents. Your dependent are not tied to whichever employer you work in H1B status. Instead, they are directly tied to your H1B status. So as long as you are in H1B status (irrespective of the employer), they will remain to be in H4 status (as long as their H4 I-94 remains valid). You will need to file their H4 extension only when their I-94s are about to expire. Extension of status can be filed within 6 months of the I-94 expiry date. If their I-94s are valid for more than 6 months, then there is nothing much you need to do now. Usually when an employer files the H1B transfer, they also file the H4 together so that all of you in the family will have the same I-94 expiry date. But is not necessary that the employer need to necessarily file the H4 along with the H1B. If your employer did not do it and if your dependents I-94 are valid for more than 6 months, then there is nothing much to do now.

    Originally posted by mkk View Post
    I'm applying for H1 transfer with a new employer, but my family is on H4 (wife and kid). Should they be also changing the visas at this time or they would be automatically updated?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you Shervin,

      My new employer is filing it together now although I have 3 years left (its only 4 months since I came here). Well, if it doesn't hurt, let it be I guess.

      Originally posted by shervin143 View Post
      You changing your employer in H1B status has nothing to do with your dependents. Your dependent are not tied to whichever employer you work in H1B status. Instead, they are directly tied to your H1B status. So as long as you are in H1B status (irrespective of the employer), they will remain to be in H4 status (as long as their H4 I-94 remains valid). You will need to file their H4 extension only when their I-94s are about to expire. Extension of status can be filed within 6 months of the I-94 expiry date. If their I-94s are valid for more than 6 months, then there is nothing much you need to do now. Usually when an employer files the H1B transfer, they also file the H4 together so that all of you in the family will have the same I-94 expiry date. But is not necessary that the employer need to necessarily file the H4 along with the H1B. If your employer did not do it and if your dependents I-94 are valid for more than 6 months, then there is nothing much to do now.

      Comment


      • #4
        Yeah! If they are willing to do it, then you should opt for it.

        Originally posted by mkk View Post
        Thank you Shervin,

        My new employer is filing it together now although I have 3 years left (its only 4 months since I came here). Well, if it doesn't hurt, let it be I guess.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          H4 VISA transfer for dependent in India

          All,

          I have a quick question related to the H4 VISA transfer for dependent in India. Say my new employer is filing the transfer cum extension for me in USA. Does my dependents (currently in India) also need to file an extension and get it stamped before travelling to USA? Or Dependent can travel as their VISA is still valid for next 5 months and can file extension once they reach here to have same I94 expiry date?
          Note: Dependent H4 and self H1B VISA with current employer is expiring in next 5 months.
          Appreciate your help!

          Comment

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