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Do I need to wait changing company on H1 when my wife H4 to H1 transfer is in process?

Richmond, VA |

Currently my H1 is getting transferred from Employer A to Employer B and may take till 15th April to get the process completed.At the same time my wife applied for H4 to H1 transfer which will be starting 1st April. She used H4 from my Employer A for the filing.

Now my question is how does US Consulate deal with this situation as my wife's H4 might be with either Employer A or Employer B by the time her application is with USCIS.

Please suggest.Thanks in Advance for your quick response!!!

Attorney Answers 3


  1. H-4s are not employer dependent. They depend solely on the H-1B principal maintaining H-1B status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. As long as your spouse is in H-1B status, you are entitled to an H-4 visa.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. H4 corresponds to the h1 visa you hold. New H1, new h4

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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