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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28188
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have a query my wife h4 extension is filed & waiting for

Customer Question

hi jennifer i have a query my wife h4 extension is filed & waiting for update from uscis i am changing job with my approved h1b ,my previous employer may cancel my wife h4 extention ? what should i do for H4 extention already filed by first employer & then withdrawn can it be filed by new employer
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: not for me i have approved h1b extended only my wife h4 is filed with uscis
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: wife extention is filed with uscis & i am changing job
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Judith replied 2 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

As long as you have an approved H1B the former employer cannot withdraw your wife's status. It is not based on your petition with any specific employer but on you having an approved H1B status with any employer. The employer has no authority to withdraw a application filed by your wife. It is her application and her signature.

If you want total peace of mind your wife can file an extension using form I-539 even though she may have an I-539 pending, she can file a new I-539 based on your new extension with the new employer.

https://www.uscis.gov/i-539

She can do this on her own and provide a copy of I-797 approval notice for the new employer. That way she will have an I-94 with the same expiration date as yours and it is easier to keep track of.

She need to include a copy of your and her biographic page of passports, copy of any visas, copy of your and her current I-94 and a copy of your latest I-797 approval notice with your extension and the filing fee.

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Judith