H4 Transfer

[Sonic]

I am on H1B and worked in Company A till Jan.2010.After switching to Company B, my H1B got transferred with the B company stamped till Nov.2012


My query is regarding, that my wife's H4 visa was issued under Company A same as my H1B with Company A. After me switching to Company B, my wife's H4visa still holds under Company A and stamped till May 15th 2011, as Company B said that H4 need not to be transferred by Company B.

Is this legal and safe that H4 visa of my wife which was filed under Company A need not to be transferred by Company B?

Do my wife's H4 visa needs to be transferred with Company B or can stay with the same visa stamping till May 2011 by Company A?

The I 797 of mine, is by Company B
The I 797 of my wife's is by Company A.

Pls. suggest. Would appreciate an early response.

Thankyou
Rgds
Sonic.

[kabkaba]

She can stay in the US as long as you are in H1 status (working for any petitioning employer) and as long as her I-94 remains valid. Her status is linked to you and not to any employer.
If she travels outside and wishes to re-enter, she can use your approved petition copy and her existing Visa before it expires.

[Sonic]

Dear kabkaba,

Thank you for your reply.

But my question now is I have approved I-94 valid till Nov, 2012 through Comapny B and my wife has I-94 valid till May, 2011 from Company A. What will happen next year. Will my current emplyer B will file paper for her I-94 extension only, though my I-94 is valid till 2012.

Please reply

Thank you so much.

[shervin143]

Like mentioned earlier, H4 has got absolutely nothing to do with your employer. You have to file the extension of stay for your spouse based on your extended H1B petition. The EOS can be filed 6 months in advance of the current I-94 expiry date. You need to file form I-539 for EOS. Check the below links

https://www.immihelp.com/form-i-539-application-to-change-extend-nonimmigrant-status/

http://www.uscis.gov/files/form/I-539instr.pdf

[kabkaba]

Her extension application using I-539 is her own, she will sign it. (Note the difference your H1 extension petition is signed by employer not you). Her application may be filed along with your extension and the employer may choose to assist her in filing it, but it is her responsibility.
The application must be filed anytime before her I-94 expires and she will need to provide a copy of your most recent H1 petition approval notice.

[Sonic]

Thankyou so much for the help and your time.

Regards,
Sonic.

[Sonic]

H4 transfer

Dear All,

Please see the mail trail below.

Now we are planning to go to india in dec,2010. We both will go separately and come back separately. i am having I-797 approved till Nov, 2012 and my wife has I-797 till may 2011.

As mentioned, i have got my H1B transfered this year. We both have old stamp on our passport through employer A. The passport stamp is valid till May,2011 in both the cases.

1:- Do we need to go for fresh stamping through Employer B now (The existing one is from Employer A).
2;- If not, than should we have atleast 6 month valid H1b stamp in our passport before arriving here in US.

My wife has I-797 valid till may, 2010 and she will be returing in January, last week..

Thank you so much for your reply

Regards,

Sonic

[shervin143]

1:- Do we need to go for fresh stamping through Employer B now (The existing one is from Employer A).
>>> No. Did you read the FAQ?

2;- If not, than should we have atleast 6 month valid H1b stamp in our passport before arriving here in US.
>>> No. You can enter anytime as long as the visa remains valid.

My wife has I-797 valid till may, 2010 and she will be returing in January, last week..
>>> By showing your extended H1B petition, she can get an I-94 same as your petition expiry date upon her return.