H1 Transfer and H4 stamping

[r01anand]

Hi,
My friend has a scenario:
-He has a H1B Extension approved (just got it a few days back)
-His wife does not have a VISA and am looking to process an H4 for her
- He is also looking to change employer and transfer my H1.

Need to know the following:
1. Can he transfer H1 when he does not have a stamped VISA. If yes how long does it take to transfer and get a new extended petition
2. I guess his wife cannot travel when this transfer is happening and should either travel before this transfer or after transfer of spouse's H1.

thanks
Anand

[kabkaba]

Hi,
My friend has a scenario:
-He has a H1B Extension approved (just got it a few days back)
-His wife does not have a VISA and am looking to process an H4 for her
- He is also looking to change employer and transfer my H1.

Need to know the following:
1. Can he transfer H1 when he does not have a stamped VISA. If yes how long does it take to transfer and get a new extended petition -- Yes, it is just like any other petition, 2 to 3 months regular, 15 days premium.
2. I guess his wife cannot travel when this transfer is happening and should either travel before this transfer or after transfer of spouse's H1. -- She can certainly apply for her Visa using the petition corresponding to the employer he is working for at that time. Then she can travel to US with the Visa.

thanks
Anand

See above.

[r01anand]

H1 Transfer and H4 stamping

See above.

Thanks for your reply. Lets say his wife gets her stamping done before transfer is initiated with the previous company A.
Then he files for his H1B transfer to company B. Wife still has a stamped H4 (based on company A's petition).
Can she travel immediately while he has applied for transfer to B? Or
1. she has to wait until the new revised petition is through and then stamp for H4 again?

thanks
Anand

[kabkaba]

That depends on which employer he is working for on the date of arrival. That corresponding petition must be approved on that day and presented at POE.

[r01anand]

H1 Transfer and H4 stamping

That depends on which employer he is working for on the date of arrival. That corresponding petition must be approved on that day and presented at POE.

Ok, so you are saying she will not need stamping again, but must carry the new petition document (post transfer). So that it can be produced at the port of entry.
Is that correct?

thanks
Anand