I-539 question.plz help

[rfe2011]

Hi all..


Sorry if this question was already answered in some other thread.

I am on H1B visa(on company A) and my wife is on H4 . We have a valid visa and I-94 (till Dec 2012).
I recently transferred my H1 from company A to Campany B(H1 transfer is still in process).

My question is..

Do i or my company need to apply for I-539 for my wife? (as i moved to company B).

If Yes... Can i apply for I-539 after my H1B got approved?
Do i get any issues if i apply it separately?

or

Do i need to apply for I-539 only when my wife's I-94 card is getting expired?


Please help me.

[shervin143]

H4 has nothing to do with your employer. You don't need to file the H4 extention just because you have changed your employer. You can file the H4 extension when her I-94 is about to expire. You can file the extension 6 months in advance of I-94 expiry date.

[rfe2011]

Thanks shervin..

[rfe2011]

Hi all...

I have one more question on this. Plz help

I have already posted this info on last post.
""""
I am on H1B visa(on company A) and my wife is on H4 . We have a valid visa and I-94 (till Dec 2012).
I recently transferred my H1 from company A to Campany B(H1 transfer is still in process).
"""""

Question:

As i transferred from company A to Company B. But my wife who is on H4 (got the visa when i am on company A).

If i dont apply for I 539 (H4 extesion.She has valid visa and I 94 till dec 2012).
Can she go out of country (USA) and return back with her old visa(which she got when i was on company A)?

[shervin143]

She can return as long as her old H4 visa is valid. She will get an I-94 until your petition expiry date at the POE (assuming her passport remain valid until then). So it is advisable she returns back after your H1B transfer is approved to get an I-94 that matches yours.

Like I mentioned in my previous reply, H4 is not assocoated with any employer. H4 is tied to your H1B status. H4 has got nothing to do with which employer you work for. As long as your are maintaining your H1B status, your spouse can leave and re-enter back with a valid H4 visa (Irrespective of the employer).

Read the FAQ section of immihelp. These basic questions are already answered there.

[rfe2011]

Thank you Shervin..