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does Change of employer affect dependent's new petition

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  • does Change of employer affect dependent's new petition

    Hi All,
    I am currently in US on H4 visa. My wife's H1B visa is valid till 31st Dec 2014.

    My employer will be filing my new H1B with USCIS on April 1st 2014, for the next calender year 2015. In case my petition gets through, I am eligible to start working from October 1st 2014. My current petition is filed with my current I-94, also valid till 31st Dec 2014.

    Currently, my wife is looking for a job change. So her petition will be transferred to new employer and will get new Petition and i94.

    In this context, I have the following questions.

    1. If my wife changes her job now, will it affect my petition in any way because of her visa transfer?
    2. my h4 will also be transferred along with her visa transfer and will get new i94, however my current petition is filed with current i94. Due to change in i94, Do i need to go for stamping before i start working in Oct 2014.

    Please let me know your response.

    Thanks,

  • #2
    Originally posted by Latchumi View Post
    Hi All,
    I am currently in US on H4 visa. My wife's H1B visa is valid till 31st Dec 2014.

    My employer will be filing my new H1B with USCIS on April 1st 2014, for the next calender year 2015. In case my petition gets through, I am eligible to start working from October 1st 2014. My current petition is filed with my current I-94, also valid till 31st Dec 2014.

    Currently, my wife is looking for a job change. So her petition will be transferred to new employer and will get new Petition and i94.

    In this context, I have the following questions.

    1. If my wife changes her job now, will it affect my petition in any way because of her visa transfer?
    2. my h4 will also be transferred along with her visa transfer and will get new i94, however my current petition is filed with current i94. Due to change in i94, Do i need to go for stamping before i start working in Oct 2014.

    Please let me know your response.

    Thanks,
    1. No
    2. Technically there is nothing like "H4 transfer" If you get your H1 approved you dont need to file for H4 extension as you would automatically move to H1 status from 01-Oct and must work with H1 employer and get paid from that day. Only in case of H1 denial you need to file H4 extension( before current H4 I-94 expiry) using your spouse's H1 petition at that time.

    This is my opinion not legal advice.

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