Help on queries for travel with spouse on H1B

[ipg]

Hi Friends,

I have always come to immihelp for reference, posting my question for the first time since I could not get answerto my question from just browsing the forums.

I and my spouse both hold a valid approved H1B from the same company. THe company is ready to send me to US as they have a immediate opening but they do not have a opening coming up for my spouse. My questions -
1. Can I make my sposue apply for a long leave and make her travel with me on her own aprroved H1B and apply for H4 transfer when I get there?
2. Can I make my sposue apply for a long leave and make her travel with me on he her own approved H1B and then seach for a job there, once she gets the job resign from current company and get the H1 transferred?
3. In either of the 2 cases I am going to take her to USA without the emplyers knowledge, will it anyway cause any problem at the port of entry?
4. Should I apply for H4 here in India wait for it to be approved which I guess takes 2 months and then make her travel?

Please do let me know your suggestions.

Thanks!!

[kabkaba]

Hi Friends,

I have always come to immihelp for reference, posting my question for the first time since I could not get answerto my question from just browsing the forums.

I and my spouse both hold a valid approved H1B from the same company. THe company is ready to send me to US as they have a immediate opening but they do not have a opening coming up for my spouse. My questions -
1. Can I make my sposue apply for a long leave and make her travel with me on her own aprroved H1B and apply for H4 transfer when I get there? -- No, she will have to apply for H4 Visa and travel in H4 status.
2. Can I make my sposue apply for a long leave and make her travel with me on he her own approved H1B and then seach for a job there, once she gets the job resign from current company and get the H1 transferred? -- No, see above. Your spouse can of course search for jobs while in H4 status and the new employer can file a cap-exempt petition for her.
3. In either of the 2 cases I am going to take her to USA without the emplyers knowledge, will it anyway cause any problem at the port of entry? -- Yes, she must enter in H4 status not H1.
4. Should I apply for H4 here in India wait for it to be approved which I guess takes 2 months and then make her travel? -- Why 2 months? Your spouse can get their Visa in a matter of days as soon as they get their interview appointment.

Please do let me know your suggestions.

Thanks!!

See above.

[ipg]

See above.

Thanks a LOT kabkaba.. That makes a lot of sense.

One last question. Once I apply for H4 does the existsing H1B visa of my spouse stand cancelled. If the employer comes up with a opening for her will she be able to utilise it?

[kabkaba]

The H1 Visa in her passport may get canceled during the interview, it is up to the consular officer.
The underlying petition will not be canceled unless the employer withdraws it.
Irrespective of that your spouse is counted under the annual cap and any company can file a cap-exempt petition for her.