H4 transfer/extension, H1B already transferred

I had my and my spouse visa and I94 expiring on Nov 2014 from company A. I switched my employer and as per my new petition my petition will be expiring on Sept 2016. I have not applied for my spouse H4 extension or transfer at that time. I want to do it now.

  1. Should I apply for the H4 transfer or extension now? If yes, which form I need to fill.

  2. If I file it myself how much charces are there for rejection. or I should take help from lawyer.

  3. My plan is once I got approval notice for my spouse H4 extension, we will go to India in Oct 2014 and get the visa stamped. so that in both our visa’s we will get Company B as new employer. Is this approach okay.

  1. The H-4 extension can be filed at most 6 months prior to its expiration date. With Nov 2014 expiry, it can be filed around May 2014. Form I-539 needs to be completed.

  2. It is usually easy process if you know what you are doing. If your employer provides the option to take care of depdendents’ immigration, then let their lawyer do it.

  3. Yes, it is fine.

Thanks for the reply.
One of my friend told me that I need not to file I-539 for her as I am going in Oct 2014 and our visa is stamped till Nov 2014. I can directly fill DS 160 for both of us and using my I797, I can get our visa approved. Does it make sense???

If you are leaving in Oct, then yes H-4 extension can be avoided in US. She can go for H-4 visa stamping along w/ your H-1 stamping and return to US thereafter.

I will still apply I539 incase our travel is delayed by anychance. You are doing really a very good job. I appreciate a lot. Many Indians here in foreign country are helpless and alone and you are really doing a noble work helping them out. Keep it up

Thanks. I am glad my response was helpful.