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H4 transfer in case of H1B transfer
Anonymous4 views6 answers
I am on H1B. My project with my current employer A ends by 5-Sep.
My H1B is currently valid till 21-Aug-2016. So is the H4 for my spouse and child.
However, my H1B revocation request will be sent by emp A on 5-Sep.
I am taking up a temporary assignment for 3 months through employer B from 5-Sep , until I get the full time offer with another emp C, whose offer procedure is in progress but slow and may take upto 3 months to process.
In that case, should I ask emp B to extend H4 for my spouse and child or can I ask emp C to do that when I move to them after 3 mo coz their H4 is already valid until next year?
Also, since I have approved I140, I have EAD for my spouse valid till next year. Please let me know on that as well whether it is enough if I extend while I move to emp C.
Your spouse's H-4 status and the validity of her EAD/work authorization depends upon the validity of your H-1B status. You should discuss this with the attorney who will be filing your "change of employer" H-1B petition with Employer B or Employer C.
Definitely speak to an immigration attorney about these issues, especially since your wife and child's H4 are dependent on the validity of your H1B. If your H1B lapses due to not-timely filing or denial for petition by Company B or C, then your wife and child are no longer maintaining a valid H4 status. The employer's attorney may or may not represent your wife nad child depending on whether the employer's attorney has ever filed an application for the spouse and child with his or her G28 Notice of Representation.
