Is H4 transfer required with H1B transfer?

Hi Anil -
My husband is moving to new company, because of which new company is applying for H1B transfer in premium and they’re planning to apply spouse H4 and H4 ead transfer as well.

H1B transfer issue

will there be any H1B premium transfer issue?

Is H4 transfer required with H1B transfer?

and Is spouse transfer required ?

H1B transfer - no issue

What kind of H1B transfer issue do you have in mind?
I don’t see any issue if all the paperwork and future employer is good.

H4 transfer is not required with H1B transfer

H4 transfer and H4 EAD extension are NOT required with H1B transfer. It is your choice if you want to do it or not.
If you do not apply for H4 and H4 EAD now, then, you will have to apply them separately as and when your H4 expires.

H1B and H4 validity dates may differ

The H1B transfer may lead to your spouse’s validity date different than your H4, if filed separately.

Thanks Anil!! re-posting few questions again in detail,

My husband and myself currently have a H1b stamped which was Valid till 14 Aug 2018. However, we have our H1b and H4 renewed till 14 Aug 2021. Do note that we only have the renewal I-797 and no H1b is stamped for the renewal.
I had H4 EAD from 2016 which was valid till 14 Aug 2018. Now it is renewed to 14 Aug 2021.


  1. If my husband gets a H1b transferred to another company should I get my h4 and h4-ead transferred too?
    I don’t want to take any risk since currently everything is working out fine.

  2. If I don’t get a transfer for my H4 and H4-EAD the next time I go to India to get my H4 renewal stamped will there be an issue? Since my husband’s H1b belongs to a different new company and my H4 is pointing to an older H1b.

  3. Can I go out and come back anytime?
    Is there any other advantage other than having same validity?

H4 and H4 EAD do NOT need any transfer

H4 and H4 EAD do NOT need any transfer. You are okay with your current H4 and H4 EAD validity till 15 Aug 2021.

Issues with H4 stamping after H1B transfer

No, there is no issue with stamping. Stamping is ONLY needed to enter the USA.

Travel on current H4

You can go out and come back anytime but you will need a valid H4 stamp in your passport, if the current H4 stamp has already expired.

No need to apply for H4 transfer after H1B transfer

There is NO need to apply for H4 transfer if you already have the approved one till 2021.
You will just be wasting your money if you file it.

Hi Anil,

I am working for Company A and I am working on transfer receipt and H4 extension is pending and last update received from USCIS as “Finger Print Review is completed”. Now if I change my Employer to B.
Does B also needs to file H4 extension along with H1B transfer ?
What happens to the H4 extension filed by Employer A is it continues processing or it will be withdrawn if the A withdraws H1B transfer petition ?


Hi @Bob

Your question has been answered above. Please read.

Thank you Anil for your response , Just want to make sure there is a difference between my scenario and above answered question scenario , in my case both H1 and H4 I-94 expired. and H1 is not approved with the current employer , working on the receipt and waiting for the H4 extension approval filed when the H1 transfer is filed.

Thanks for your patience Anil

Hi @Bob

H4 cannot be withdrawn by employer as it is your dependent’s individual application. Your employer can only withdraw H1B application.

The H4 processing can continue.

Hi Anil,

I wanted to confirm the following if you or anyone else can on this.

The scenario of dependent spouse getting H4 VISA stamped (for the 1st time) and after that H1-B spouse changing the company. If H4 VISA is stamped and H1-B spouse gets new opportunity sooner and transfers H1-B, and both H1-B and H4 are flying from India to US, does H4 spouse need to have new H4 (on H1-B’s current company name) OR H4 VISA stamped on H1-B’s previous company should work at the port of entry?

In this scenario, H4 spouse filed her VISA with all H1-B’s previous company’s documents (and I-797A specially) but principal applicant (H1-B VISA holder) now has a new I-797A. I believe H1-B applicant does not need new stamp (until H1-B existing stamp is valid) but does H4 spouse need new stamp ?

Please clarify.

Hi @Mayur_Kenjale

Both H4 and H1B can travel using valid visa stamp even though it is from old employer.

A post was split to a new topic: Can H4 dependent cross border to get new i94 after H1B Transfer?

Hi Anil,

Few more questions related to Green card and H1B visa transfer:-

H1B visa transfer:-

  1. My husband’s H1B has been approved and extended for 3 years. So now if he changes the job then does that mean along with H1B transfer H4 and EAD has to be transferred as well?

  2. What is the next step after i-140 is approved? is it filing i-485? And what does priority date on approved i-140 means? Our priority date is 11/23/2017 and notice date or i-140 applied date is 10/06/2018?

Hi @shruti_samdani

No need to transfer H4 and H4 EAD if they have good validity left.

You can read about next steps after i140 here.

You can file i485 only when your country of birth’s priority date is current. If you are an Indian, then your date has long waiting time which could be more than 100 years at this time.

A post was split to a new topic: Is new H4 visa stamp required after H1B transfer? H4 is in India

I have my H1B until 2021 and My dependents also got the H4-(I94) Extension until 2021.
Now, I moving to other company. H1B CoE. What i have to do with my dependent’s H4s?


Please read my earlier response:


My current company has filed my h1 extension in premium and it is approved till 2022. Now my dependent h4 is also filled and it is pending with USCIS. I want to change the company and new company is asking for h4 transfer. I believe only h1 transfer is needed and my spouse can stay in USA with her current pending status with my old employer on h4.

Do I need to file her H4 extension - I539 again with my H1 transfer or my spouse can stay with the old I539 pending status?

Hi @siddharth

Please read above discussion.

My H1B got approved recently. My dependent’s H4 is waiting for approval. I want to know if I can change employer while H4 approval is pending. Our I94 expired and my new i94 expiry date will be known once I get my I797.

My H1B got approved recently but H4 for dependents are pending. The I94 for H4 is expired. Can I change the employer without putting legal stay of my dependents at risk?