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Effect Of Transfer Of H1b On Valid H4 I-797

Discussion in 'Non-working nonimmigrant issues' started by surge, May 8, 2015.

  1. surge

    surge New Member

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    Ron:

    I am working on H1b for employer A with I-797 approved till dec 2016. My wife's H4 I-797, based on my H1b, is also approved till dec 2016. I intend to move to employer B in 2015, and will get my transfer of H1b premium processed well before my start date with employer B this year, so I will never be out of H1b status. Would my wife's existing H4 I-797 still remain valid till December 2016? Or does she necessarily have to reapply for H4 extension concurrently with my H1b transfer application this year?

    Thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Her H4 will remain valid, but she should apply for an extension six months before her current status expires.
     
  3. surge

    surge New Member

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    Thanks for your advice.
     
  4. surge

    surge New Member

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    Ron:

    So we won't apply for my wife's H4 extension at this time. But now with the temporary suspension of premium processing directly affecting h1b extensions, I may have to start work at employer B based on pending transfer of H1b petition. During the gap between "start of work at employer B" and "I-797 transfer approval", are we on H1b/H4 status or are we on "authorized period of stay" status? (Our current H1b/H4 I-797s with employer A are approved till dec 2016.) I am afraid this could have implications on my wifes H4-EAD application.

    Thanks for your advice as always.

     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This is getting too complicated for discussion in an Internet forum. Please go to www.imminfo.com and read the relevant articles you will find there. That is about as detailed as I can get and still feel comfortable.
     
  6. surge

    surge New Member

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    I understand, thanks...
     

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