Is H4 transfer required with H1B transfer?

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H4 cannot be withdrawn by employer as it is your dependent’s individual application.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?

Hi @DKD

Please read my earlier response:

Hi,

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.

Hello
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.
Regards
Ramakant

Hello
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?

A post was merged into an existing topic: H4 extension filed along with H1 extension but dependent passport expiring in 3 months

I am changing my employer as a part of my h1b change of employer, they are filing h4 extension for my spouse. I have following questions:

  1. Skipping dependent h4 transfer: My spouse’s visa (H-4) is valid until 2022. Is it necessary to file h-4 extension for her now? Will she still be able to maintain her status on her current H-4 visa until 2022, without filing the h-4 extension?

  2. I-539 Change of status pending: My spouse is currently studying on an H-4 dependent Visa and there is a I-539 petition pending for changing her status from H-4 to F-1, with USCIS. If we file another I-539 for h-4 extension, will it automatically cancel her I-539 application for Change Of Status to f-1?

@Ramakant_Agarwal, Any update ? I’m in the same situation now.
With my approved H1, planning to change the employer.
Couple of days before the I94 for H4 got expired, the extension in progress (Finger prints taken) with employer A.

Your input will be more helpful for me

@Anil_Gupta Please provide your inputs please.

Thanks

You can change the employer. The new employer should file extension request for your dependents based on H4 receipt of your current request.

@Ramakant_Agarwal Thanks a lot for the details

@Ramakant_Agarwal - I am in the same scenario. Where do you mention about the H4 receipt that was initiated by prior employer? I don’t see anywhere in I539 form. The only option i see for the request is to choose extension of stay.

@srmk - how did your transfer go?