My new employer_B has filed for my H1B transfer under normal processing and I got a receipt in Jul 2011. My wife got H4 stamped when I was with OldEmployer_A and it is valid upto December 2014.
1) Do I need to file H4 extension for my wife irrespective or H4 and I94 validity?
2) In case if I get my approved petition and travel outside USA. Does my wife also need to get H4 stamping alone with my H1B ?
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.
Your wife does not need to file for new H-4 status until her current I-94 in H-4 status is about to expire. She does not need to accompany you if you need to travel abroad and get an H-1B visa stamp. Lawful H-4 status in the U.S. is not dependent on having an unexpired H-4 visa. She must always have an unexpired I-94.
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