看来确实是不用transfer 只要还没有过期 下面是一个律师写的 谢了哥们 http://www.h1b1.com/family.htm Change of Employer The following question by a fellow American Immigration Lawyers Association (AILA) member was recently put to Ms. Yvonne M. LaFleur, Chief, Nonimmigrant Branch, INS [USCIS]: "Whether the H-4 visa holders maintain their status as long as the principal alien maintains his/her status, or are they also required to re-file to maintain their status in change of employer situations?" The following facts were furnished to Chief LaFleur: "The principal alien is the beneficiary of an H-1B visa petition by 'Company A'. The visa is valid for a period of three years. The accompanying family member receives an H-4 visa for the same period reflecting the principal alien's employment with ' Company A'. One year later, 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, but still shows 'Company A' as the H-1B petitioner and not 'Company B'. Chief LaFleur's response to the AILA member's query acknowledged that an H-4 family member's authorized stay in the United States is contingent on the continued validity of the principal H-1B family member's status. The H-4 nonimmigrant family member continues to remain in valid nonimmigrant status as long as the H1B principal remains in a valid nonimmigrant status. "[S]ince the H-4 nonimmigrant classification is not specific to an employer, the H-4 nonimmigrant alien remains in valid status even if the principal alien changes H-1B employers. No action is required on the part of the H-4 nonimmigrant alien when the principal H-1B alien changes employers within the same classification." Chief LaFleur's response should enlighten USCIS examiners in regards to whether the H1B principal's family owes a penalty under Immigration & Nationality Act Sec. 245(i) when adjusting status (procedure leading to issuance of permanent resident status). The USCIS examiner may in good faith (until now) have believed that H-4 status is violated by not refiling when the H-1B principal changes his or her employer. It is important to remember, however, that family members extend their I-94 prior to expiration. This form determines eligibility to remain legally in the U.S. and is issued at either the port-of-entry when entering the U.S., or is attached to an approval notice granting change or extension of nonimmigrant status by the USCIS. The “last action rule” applies, so that the latest issued I-94 is dispositive in determining when an individual’s I -94 expires if there are multiple I-94’s in possession.