Does my wife's H4 becomes invalid immediately after filling one more along with my new H1?
2 attorney answers
Your spouse's H4 remains valid as long as your H1B remains valid.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
So long as you work for your new H1B employer and the new employer's H1B petition is approved, or if you remain in the US employed by the first H1B employer, your wife may remain with a valid H4. The new H1B petition does not require a new H4 application at the same time, but note that if your first H1B/H4 was granted until XXX date, and later you receive an extension approval to YYY date without your spouse receiving the same extension, then it will be up to your wife to review her I94 and ensure that she leaves and returns with your new H1B approval to receive the extended time frame, or seek an extension to match your extended H1B time-frame prior to having her first I94 expire. For this reason, to ensure that the H1B and H4 remain valid for the same duration, sometimes a family will extend both at the same time.