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H1 Transfer H4 I 539 not filed

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  • H1 Transfer H4 I 539 not filed

    Hi,

    need urgent advise. I transferred my H1 recently to new employer and it is approved. While filing my transfer, my new employer did not file anything for my wife.
    They said its not needed as my dependent already has valid I 94 from my previous employer which is valid till 2020.

    Can someone please let me know if this is correct ? My wife has I 94 which came along with my last extension with my previous employer ( I 797B approval).

    What happen if my previous employer revokes my H1 with them ? Is she goes out of status ? or do I need to file I 539 for her immediately ?

  • #2
    Can someone please reply.

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    • #3
      Originally posted by Aloo88 View Post
      Can someone please reply.
      You are good. No need to file anything for her. H4 is tied to H1. As long as you are maintaining a valid H1 status and her I-94 is valid, you are good.
      This is just my opinion, not a legal advice.

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      • #4
        Originally posted by SKDS160 View Post
        You are good. No need to file anything for her. H4 is tied to H1. As long as you are maintaining a valid H1 status and her I-94 is valid, you are good.
        Thanks for the reply. Are you saying her I 94 remains valid even if my old employer revoke my H1 with them ? Please note the I 94 she has is from my last extension I797 approval and the i 94 issued at airport is already expired.

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