H1 Transfer - H4 Validity till 2023. Stamping question

Hello Anil,

Here is my current situation.

Employer A H1 – I797 Valid till Feb 2023 (Visa Last stamped in 2018)
H4 Filed along with Employer A - I797 Valid till Feb 2023 ( visa last stamped in 2018).

Employer B is applying for transfer. Do I need to get H4 transferred aswell as I’m planning to send my wife to India in next two months . Can she still use the H4 filed along with my employer A petition for stamping ( meanwhile I might join employer B and employer A might revoke the h1) which still has validity until 2023.

Or do I need to get H4 transferred aswell?

Thanks

It is better to apply for H4 extension along with your H1B change of employer petition. Just be aware that it is taking several months to get H4 approved even though H1B transfer is filed with premium processing.
Also if your wife leaves the US while her H4 extension application is pending, USCIS will deny the application.

You have to be with employer A for her to use your employer A I-797 at the time for her H4 stamping. Once her visa is stamped and you change to employer B, she will need to have the new copy of your I797 when travelling back to the US for the presenting to the officer at POE.

H4 is not transferred. It is tied to primary H1B and can only be extended using for I-539.

hello @Kalpesh_Dalwadi ,

For the second point i didn’t mean to say my I797A , instead she also have H4 petition approved via I539 along my h1b petition as my current employer A has filed both h1 and h4 petition together which is valid till FEB 2023.

So she has separate I797, can she use that for H4 visa stamping along with my Employer B I797 approval.

For consular processing (H4 visa stamping), she only needs your H1B I797. Make sure she uses the H1B I797 for the employer you are working for at the time of her interview.

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