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,
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?
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:
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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?
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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 - 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?
@NSK My H1 got approved with my new employer. For H4, with the new employer everything will be new receipts , biometric etc. No need to mention the receipt from prior employer.
Sorry the delayed response
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Hi @Anil_Gupta I have a question
Both my wife and I have I-797 & H4 EAD valid till Aug 2024 and we both doesn’t have valid visa stamp.
Now, I have changed my employer and Planning to travel to India and go for visa stamping. Will we have any issues going for a H4 visa stamping with old employer and H1B Visa Stamping with new employer?
Unlike H1B, H4 is not tied to an employer. H4 is rather a derivative of H1B and as far as H1B is in status and actively employed, H4 can use the primary H1B I-797 approval notice with the new employer and go for stamping.
@Anil_Gupta
Slightly different situation after reading all the responses above.
Both my H1b and my wife’s H4 is stamped and valid until June 2022. I am planning to travel to India with my new I-797 with same employer and get my visa stamping until 2025. My wife is planning to go to India right after I am about to come back and would not have her I-765 app approved by then so no extension granted for her yet.
- Since I will have new visa stamped with same employer, can she get her visa stamped based on my new I-797 while in India or is it required for her to have her own extension document?
- In case she cannot find appointment or not able to renew, can she still enter the US on her current stamped visa which is valid until June 2022? Asking this question to make sure her current visa is not rendered invalid once I get a new H1b stamped in my passport.
Please let me know. Thanks.
She dont need her H4 EOS, she can use the copy of your new I797 H1B approval for her stamping.
She can use her existing visa if entering back while it is still valid.
Hi,
Once h1b transfer approved to new employer, old h1b withdrawn by old employer?
Thanks,
Yes, the old employer is bound by law to withdraw.
Okay what about h4 visa status? My h4 approved h4 EAD first time applied almost 5 months over waiting for approval?.. Again h4 process start from first?
Thanks