It is not necessary to file an H-4 visa transfer every time the H-1B holder’s visa is transferred. In fact, the concept of H-4 transfer also does not truly exist. H-4 dependent status is tied to the H-1B holder’s maintenance of status, not with a new company. Our visa lawyer near Arlington can help you determine when you should file an H-4 extension alongside the H-1B transfer petition.
If I am on H-4 status with one year left on my I-94 and my spouse decides to transfer to a new employer, must I file an H-4 extension?
No. Since you have one year left on H-4 status, you may decide not to file the H-4 extension with the H-1B petition. However, in most cases, you will need to file an H-4 extension before your I-94 expires. Since your I-94 expiration date may no longer match your spouse’s H-1B I-94, it’s important to keep your H-4 end date in mind.
I am on H-4 status and I only have four months of H-4 validity left on my I-94. My H-4 visa sticker in passport is valid and I plan to travel internationally in two months before my I-94 expires. Should I file the H-4 extension application before I leave the USA?
In this case, it may make sense to forgo filing the H-4 extension before your trip. When you return from your international trip, you should receive a new, extended I-94 that matches your spouse’s new petition expiration date. Our visa lawyer near Arlington can help you determine the best course of action for your case.
I am on H-4 status and I only have six months left on my I-94. I do not have any international travel planned. My H-4 sticker in my passport will expire soon. When should I file the H-4 extension application?
In this case, it may make sense to file the H-4 extension application alongside the spouse’s H-1B transfer petition. Our visa lawyer can help you determine the best strategy for your case.
My spouse filed his H-1B transfer petition with his company but did not include my H-4 application. I forgot to file my H-4 application separately. Now, my I-94 is expired. What do I do?
In this case, it is important to consult with a qualified immigration attorney. Depending upon the length of time that has passed since the I-94 expiration date and the reason for forgetting to file, you may be eligible to file the H-4 extension late.
If my spouse files the H-1B transfer petition, what is the impact on my H-4 EAD?
As mentioned, there is no real concept of H-4 visa transfer since the H-4 status is dependent on the H-1B status, not the H-1B employer. Therefore, the H-4 EAD will remain valid so long as the H-1B status is valid.
How early can an H-4 extension be filed before the expiration date?
According to the USCIS site, H-4 extensions should be filed 6 months before the expiration date.
My spouse’s H-1B transfer petition has been approved. I did not file an H-4 extension with his case because my I-94 is still valid for several months. Do I need a new H-4 stamp in my passport to travel internationally due to his H-1B transfer?
No. So long as the H-4 stamp in your passport is valid, it can be used to re-enter the USA. The new H-1B approval notice should be presented to the Customs and Border Protection officers at the time of reentry. Thereafter, the officer should provide you with a new, electronic I-94 to match the H-1B transfer end date. Our visa lawyer can help you if your new I-94 does not match the H-1B transfer date.
If you still have questions about the H-4 visa transfer process, please reach out to our visa lawyer in Arlington to request a case evaluation.
