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H1B transfer - Any forms like I-539 for H4 visa holder?

Fort Lauderdale, FL |

I am currently on H1B visa through Company 'A' and Company 'B' has submitted my H1B transfer application.

My wife is on H4 Visa and I'm wondering if I've to fill out any legal form for my wife before I join company 'B'?

Currently, my wife's H4 visa has reference of company 'A'.

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Attorney answers 3

Best Answer
Posted

If she has H-4 status already, then she doesn't need to file an I-539 just because you change H-1B employers. But if the expiration date of your new H-1B status will no longer match the expiration date of her H-4 status, then you may find it more convenient for your wife to file the I-539 seeking an extension to match your new expiration date now. Otherwise she must do so later before her H-4 status expires (or travel abroad and reenter and get a new I-94 that matches your new expiration date).

Posted

Yes you must do that.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

Should I fill out I-539 after I get H1B transfer approved? Or I should fill out I-539 right away.

Stephen D. Berman

Stephen D. Berman

Posted

They should have been done simultaneously, but you can still do it now if her H4 is not expired.

Asker

Posted

Great, thank you so much for your help.

Posted

It is advisable, though not necessary, to do so.

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.

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