PDA

View Full Version : H4 stamping valid, H1 under cancellation


hope4gc
09-09-2011, 10:38 AM
Friends,
My family has valid H4 stamping when they visited India with my old H1, now i have changed company and got a new H1.
My old company has initiated cancellation of their H1.
Should i apply for a new H4 petition, even though they have old H4 stamping?
My current company attorney says it is not necessary to apply for a new H4 as long as they have a valid stamping.


Please advice
Thanks
:confused:

rameshvaid
09-09-2011, 02:02 PM
Friends,
My family has valid H4 stamping when they visited India with my old H1, now i have changed company and got a new H1.
My old company has initiated cancellation of their H1.
Should i apply for a new H4 petition, even though they have old H4 stamping?
My current company attorney says it is not necessary to apply for a new H4 as long as they have a valid stamping.


Please advice
Thanks
:confused:

Your attorney is right as long as you have valid H1..your family is fine on their existing H4..

gultie2k
09-09-2011, 05:06 PM
I doubt the answer given by the above user is correct. If your family is in US and you changed your H1, you need to file the petition for the H4 tranfer as well. And if your family is in India, they should go for H4 stamping with your new H1 petition.

rameshvaid
09-09-2011, 05:12 PM
I doubt the answer given by the above user is correct. If your family is in US and you changed your H1, you need to file the petition for the H4 tranfer as well. And if your family is in India, they should go for H4 stamping with your new H1 petition.

I have been that route and consulted few attorneys. All had the same opinion as of his attorney. H4 is sponsored by the H1 holder and not by any employer. As long as he has his valid H1, they are safe. Again, no arguments, I am not an attorney but shared my personal experience.

Best...

RV..

snathan
09-09-2011, 05:50 PM
I have been that route and consulted few attorneys. All had the same opinion as of his attorney. H4 is sponsored by the H1 holder and not by any employer. As long as he has his valid H1, they are safe. Again, no arguments, I am not an attorney but shared my personal experience.

Best...

RV..

H4 is attached to your H1B. As long as the H1B is valid, the H4 is fine. But here the employer is revoking the H1...so need a new H4 and on the new H1.

Its my opinion only and check with an attorney.

CreatedToday
09-09-2011, 06:41 PM
I was in the same situation, your attorney is correct.

You said your family got the visa stamped with "your H1". In that case you may get them separate H4 approvals. But the visa stamped with the old company IS VALID. No new visa stamp is required for travel.

I have been that route and consulted few attorneys. All had the same opinion as of his attorney. H4 is sponsored by the H1 holder and not by any employer. As long as he has his valid H1, they are safe. Again, no arguments, I am not an attorney but shared my personal experience.

Best...

RV..