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H1 Transfer ..Do I required H4 Transfer for spouse as well

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  • H1 Transfer ..Do I required H4 Transfer for spouse as well

    Hi ,
    I had my H1B was valid till Jan 2011 and I got my h1 and h4 extension approved in Nov 2010. Valid from November 2010 through Nov 2013.

    Now My question is I am planning to change an employer and h1 transfer will happen for me. DO I need to transfer my wife's h4 as well? ( as her h3 is valid till 2013?)

    And if she planning to visit the home country can she do h4 visa stamp with the extension file from my previous employer ?
    Looking for everyone assistance..

    Thanks,

  • #2
    Now My question is I am planning to change an employer and h1 transfer will happen for me. DO I need to transfer my wife's h4 as well? ( as her h3 is valid till 2013?)
    >>> There is no such thing as H4 transfer. H4 is not associated with your employer. H4 extension can be filed 6 months before the I-94 expiry date.

    And if she planning to visit the home country can she do h4 visa stamp with the extension file from my previous employer ?
    >>> If you are no longer working for the employer then she cannot get the H4 stamped based on that H1B approval notice. She will need to wait until your get your transferred H1B aproval notice. You will need to provide your employment verification letter. Check the list of documents required for H4 stamping in immihelp.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi,

      I have a similar situation here. I have changed my employer with whom we (me & my wife) had VISA till Jan-2013 & I got my H1 approval notice from my new employer. Now my questions are

      * Can we travel to India in Aug/Sep 2012 & come back without going for stamping as our VISA is valid (though it is with previous employer) & I have my new H1 approval notice from new employer?

      * If my wife has to travel back alone, can she enter with the same old valid VISA & copy of my new H1 approval notice?

      * Last question - you have mentioned here there is nothing like H4 transfer, but our immigration dept is applying for form I-539. Shall we wait for this till we complete our visit to India or we can do it irrespective of applying this?

      Thank you very much in advance for your advice.

      Thanks,
      CK

      Comment


      • #4
        * Can we travel to India in Aug/Sep 2012 & come back without going for stamping as our VISA is valid (though it is with previous employer) & I have my new H1 approval notice from new employer?
        >>> Yes.

        * If my wife has to travel back alone, can she enter with the same old valid VISA & copy of my new H1 approval notice?
        >>> She can return back on the old visa, but she will need your original approval notice to show at the POE.

        * Last question - you have mentioned here there is nothing like H4 transfer, but our immigration dept is applying for form I-539. Shall we wait for this till we complete our visit to India or we can do it irrespective of applying this?
        >>> It is just useless and waste of money to file form I-539 if your dependents are planning to travel outside U.S before their current I-94 expiry date.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          H1 trasferred and joined new employer, does my family require H4 stamping

          Hi,

          My H1B is Transferred from One company to Another Company. I have joined new Company.

          My family would like to go to India for Vacation. Does they require to go for H4 stamping before comming to USA.

          Please suggest.

          Thank you,
          KR




          Originally posted by shervin143 View Post
          * Can we travel to India in Aug/Sep 2012 & come back without going for stamping as our VISA is valid (though it is with previous employer) & I have my new H1 approval notice from new employer?
          >>> Yes.

          * If my wife has to travel back alone, can she enter with the same old valid VISA & copy of my new H1 approval notice?
          >>> She can return back on the old visa, but she will need your original approval notice to show at the POE.

          * Last question - you have mentioned here there is nothing like H4 transfer, but our immigration dept is applying for form I-539. Shall we wait for this till we complete our visit to India or we can do it irrespective of applying this?
          >>> It is just useless and waste of money to file form I-539 if your dependents are planning to travel outside U.S before their current I-94 expiry date.

          Comment


          • #6
            They cannot enter U.S without a valid H4 visa in the passport (if they are returning as your dependents and want tobe in H4 status). Will they have a valid H4 visa stamped in their passport (Irrespective of the name of the employer). If yes, then they can travel back using that visa and your latest approval notice.

            Originally posted by kondala.thota View Post
            Hi,

            My H1B is Transferred from One company to Another Company. I have joined new Company.

            My family would like to go to India for Vacation. Does they require to go for H4 stamping before comming to USA.

            Please suggest.

            Thank you,
            KR
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Hi Shervin,

              Thanks a lot for your repsonse.

              They have their Visa Stamped when they came with me Last year to US. That is from my previous employer.

              Now my new employer processed their H4 Visa and they have got new I94.

              In this Case do they require to go for stamping, if they go to India and comming back to US.

              Thank you,
              KR

              Originally posted by shervin143 View Post
              They cannot enter U.S without a valid H4 visa in the passport (if they are returning as your dependents and want tobe in H4 status). Will they have a valid H4 visa stamped in their passport (Irrespective of the name of the employer). If yes, then they can travel back using that visa and your latest approval notice.

              Comment


              • #8
                Not required.

                Originally posted by kondala.thota View Post
                Hi Shervin,

                Thanks a lot for your repsonse.

                They have their Visa Stamped when they came with me Last year to US. That is from my previous employer.

                Now my new employer processed their H4 Visa and they have got new I94.

                In this Case do they require to go for stamping, if they go to India and comming back to US.

                Thank you,
                KR
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  H1 Transfer - H4 Visa Stamping

                  Hi,

                  I am on H1b Visa and my current visa is valid until sep 2014 and my wife's H4 is stamped till the same date i.e. sep 2014. Now, I am planning to change my employer and hence a h1 transfer. Now owing to some personal reasons, my wife is planning to go to india and on her way back, does she need to have the passport stamped with new employer details or else what kind of challenges might be present at POE.

                  Regards,
                  KKmalvern

                  Comment


                  • #10
                    H4 transer with H1B transfer

                    Hi

                    Can you please help me with the below situation.

                    I have transferred my H1B visa from company A to B. However couple of months back (a few days before transfer was initiatiated) my spouse went to home country. Now she wants to come back to US.
                    Please let me know for which options they can travel.

                    Option 1) H1B Transfer to new employer (B) is in progress Can they travel on previous employer(A) H4 Status.

                    Option 2) H1B Transfer to new employer (B) is completed Can they travel on previous employer(A) H4 Status (As I have not re-signed, but serving notice period 2 weeks).

                    Option 3) H1B Transfer to new employer (B) is completed. Can they travel on previous employer(A) H4 Status but carry new copy I-797B (H1B transfer document).

                    Option 4) H1B Transfer to new employer (B) is completed. Will they have to go for VISA Stamping with employer(B) H4 and then travel.

                    Regards,

                    Comment


                    • #11
                      I am assuming by saying H4 status you mean H4 visa in the passport.

                      Option 1) H1B Transfer to new employer (B) is in progress Can they travel on previous employer(A) H4 Status.
                      >>> Yes.

                      Option 2) H1B Transfer to new employer (B) is completed Can they travel on previous employer(A) H4 Status (As I have not re-signed, but serving notice period 2 weeks).
                      >>> Yes.

                      Option 3) H1B Transfer to new employer (B) is completed. Can they travel on previous employer(A) H4 Status but carry new copy I-797B (H1B transfer document).
                      >>> Yes, provided you are working for the new employer as of the date of their travel back to U.S.

                      Option 4) H1B Transfer to new employer (B) is completed. Will they have to go for VISA Stamping with employer(B) H4 and then travel.
                      >>> Not required. Can you the previous H4 visa in the passport to travel back as long as that visa is valid.
                      Not a legal advice. Use of this information is strictly at your own risk.

                      Comment


                      • #12
                        H4 Transfer when change of H1 employer

                        Originally posted by shervin143 View Post
                        Not required.
                        Hi Shervin,
                        I am asking a similar/same question as this thread is older.

                        I am with company A and my H1 and my spouse's H4 are valid until end of 2018 (we also have stamped VISA in our passports with this date). I am planning to change to employer B, now do I need to apply for H4 transfer for my family? As per the previous posts, its not needed, but just checking if there are any changes to rules later.

                        We have a plan to visit to India next year, so I am thinking when we come back, my wife and son will have a new I-94 which will be inline with my new H1.

                        Also, when we go to India next year, should we go for stamping again as I am changing the employer?

                        Please advice. Thank you in advance.

                        Comment


                        • #13
                          H4 visa stamping

                          Our old company h1 and h4 stamps are expired, when i transferred to new employer they filed extn for just my i797 as my spouse i797 valid till 2020.
                          If we want to go for visa stamping does my spouse need her i539/797 with my new employer or she can just get stamping done using my i797 with my new employer

                          Comment

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