H4 Travelling Issue -

[tech2012]

Hi

Currently I am on H1 visa with employer-A and my spouse has H4 visa . Now I want to do transfer H1B visa with Employer-B and my spouse will go to India for 3-4 months.
My questions is :--
1) Shall my spouse need to do stamping again in India for H4 visa with new Employer-B , if i will transfer visa with Employer B during this time
2)should be any problem if my spouse is going to india ? or without stamping she can travel to USA.

what is your suggestion.
please reply

[jonnasn]

I would also need to know answer for this. Could some one please respond.

[happybuddha]

Hi

Currently I am on H1 visa with employer-A and my spouse has H4 visa . Now I want to do transfer H1B visa with Employer-B and my spouse will go to India for 3-4 months.
My questions is :--
1) Shall my spouse need to do stamping again in India for H4 visa with new Employer-B , if i will transfer visa with Employer B during this time
2)should be any problem if my spouse is going to india ? or without stamping she can travel to USA.

what is your suggestion.
please reply

If her current visa expiry is after her date of return to US, then she only needs to carry a copy of your new petition. If not, she has to get a new valid visa.

[jonnasn]

If her current visa expiry is after her date of return to US, then she only needs to carry a copy of your new petition. If not, she has to get a new valid visa.

Thanks for the response. But going thru few others posts, looks like its not that straight forward.
There is another thing called COS from H4 to H1 which needs to be done before Oct 1st.

Let us assume her H1 petition is approved.

Now if she travells while COS in process, then there are chances for her COS to be rejected and cannot work from Oct on H1.

Now the question is, what if she travels sometime in July-Aug before COS is applied?
And what if she travels after COS is applied and approved and comes back to US before Oct1? Should she have her H1 stamped?

[tech2012]

H4 Travelling Issue -

jonnasn
Can you please create new question thread for your post..Still I need to take answer from senior person. Please don't make any confuse on this.


Thanks happybuddha ..

Now question is Her visa validity till Nov 2014 . But if she will travel to india on April 2013 and my H1b visa transfer new employer-B on may 2013 ,and suppose she need to come back on june 2013 to USA and still my new H1B Petition file is in process . So she can travel to USA or not ?
Please suggest me on this.


======== Origional Question =======
Hi

Currently I am on H1 visa with employer-A and my spouse has H4 visa . Now I want to do transfer H1B visa with Employer-B and my spouse will go to India for 3-4 months.
My questions is :--
1) Shall my spouse need to do stamping again in India for H4 visa with new Employer-B , if i will transfer visa with Employer B during this time
2)should be any problem if my spouse is going to india ? or without stamping she can travel to USA.

what is your suggestion.
please reply
=======================

[kabkaba]

H4 Visa in her passport is not related to any employer, it is attached to you maintaining H1 status. When she returns, she will need a Visa that is valid on the day she returns and the petition approval notice for the employer for which you are working for at that time.

[tech2012]

Thanks kabkaba...

As my understood , She can travel back to USA with new petition ( Employer-B) as she has already H4 Visa till Nov 2014.
Please correct me.

[kabkaba]

Yes