H1B approved - Spouse changing employer

[new1234]

Hello All,

I entered USA in Jan 2014 on H4 visa and got my H1B approved after coming here in May 2014.

Now my husband is changing his employer and the HR from new employer is asking for my H4 extension along with his H1B transfer.
My H4 visa is valid until 2016 and H1B goes in effect from Oct 2014.

Will my spouses H1B transfer and my H4 extension hamper my H1B visa?
Please guide.

[raghvi]

Hello All,

I entered USA in Jan 2014 on H4 visa and got my H1B approved after coming here in May 2014.

Now my husband is changing his employer and the HR from new employer is asking for my H4 extension along with his H1B transfer.
My H4 visa is valid until 2016 and H1B goes in effect from Oct 2016.

Will my spouses H1B transfer and my H4 extension hamper my H1B visa?
Please guide.

I am assuming your H1 will start only from 01-Oct-2014. And you currently have an H4 I-94 till 2016.

Technically there is nothing called "H4 Transfer" so your husband's employer need not file your H4. Tell them you are moving to H1 from 01-Oct-2014 and dont need a H4.

This is my opinion not legal advice.

[new1234]

Hello All,

I entered USA in Jan 2014 on H4 visa and got my H1B approved after coming here in May 2014.

Now my husband is changing his employer and the HR from new employer is asking for my H4 extension along with his H1B transfer.
My H4 visa is valid until 2016 and H1B goes in effect from Oct 2014.

Will my spouses H1B transfer and my H4 extension hamper my H1B visa?
Please guide.

--------

Yes its Oct 2014.

Thank you for the reply

- - - Updated - - -

I am assuming your H1 will start only from 01-Oct-2014. And you currently have an H4 I-94 till 2016.

Technically there is nothing called "H4 Transfer" so your husband's employer need not file your H4. Tell them you are moving to H1 from 01-Oct-2014 and dont need a H4.

This is my opinion not legal advice.

---

Yes its Oct 2014.

Thank you so much for the reply.

So it means I can be on the same H4 visa until Oct and directly start working and then my H1B would come into effect?

[raghvi]

Yes. From Oct 2014 you must work and get paid while on H1.

This is my opinion not legal advice.