H1 Transfer. Current H-1 Approved in Consular processing

[vthakare]

Hi,
I am currently on a CAP Exempt H1 till August 2011. My wifes H-4 is also good till Aug 2011.
I also have a CAP subject H1 which is only for me and was approved in consular processing as my cap exempt H-1 was expiring on August 30, and my employer had not filled for the extension when i applied for the CAP subject H-1.

I have an offer now to work for another profit organization. They are willing to transfer my H-1, and i know they will have to file for EOS and i will not have to leave the country as I now have the extension approved from the cap exempt employer.
My question is: My wife's H-4 was never filled in counselor processing. I want to know when the new company is going to file for a transfer for me can they also file H-4 for my wife. I want to avoid leaving the country. Your thoughts.
Vikrant

[vthakare]

Any ideas TXH1B.

[txh1b]

H-4 is dependent on the H1 holder but not the company. As long as H4 I-94 is valid, nothing needs to be done.