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Immigration Issues/H4 in case of H1 transfer

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Question
Hi,I have a question regarding H1 Transfer. Situation is
The principal alien is the beneficiary of an H-1B visa petition by 'Company A'. The visa is valid for a period of two years (By the end of 2 years max limit of 6 years will be reached). The accompanying family member receives an H-4 visa for the same period reflecting the principal alien's employment with 'Company A'. Now if the principal alien changes employers. A new H-1B visa is petitioned for by 'Company B', and all procedures are followed so that the principal alien is never out of status. The validity dates on the H-4 accompanying family member's visa has two years remaining (same as principals new petition), but still shows 'Company A' as the H-1B petitioner and not 'Company B'.

Question: 1: Do the dependent H-4 visa holders are required to file I-539 from 'Company B' to maintain their status?
2: If we leave US then to re-enter do we need to get visa re-stamped in the name of company B

Answer
Hi,

The family members maintain their H-4 status even though the principal applicant's employer has changed. The following article from our website supports our statement: http://www.h1b1.com/family.htm

The current visa in the passport (whether H-1B or H-4) is valid for travel as long as it has not expired even though the employer is different. The H-1B approval notice along with recent pay stubs of the new employer should be carried when traveling in case of any questions when entering the U.S.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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