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H1 transfer and i539 processing. H4 travel during processing

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  • H1 transfer and i539 processing. H4 travel during processing

    Hi, i am on H1b and i have valid stamp till Sept 2015. My wife on h4 has valid stamp sept 2015. Recently i transferred my h1 and new employer filed h1 for me and i 539 for my wife. We both received receipts. Both still in processing. My Wife wants to travel to India next month with valid Stamp(sept 2015). My previous employer said he is going to revoke my h1B.

    By that time both H1 and I539 will be in processing state. I have client letter, employer letter, pay stubs. What are the documents they may ask during immigration.

    What are the risks During returning after3 months from India.

    Is it advisable to travel to outside the country during i539 processing.

    Or can i withdraw i539 processing if its not processed by that time

  • #2
    Originally posted by luckysmart View Post
    Hi, i am on H1b and i have valid stamp till Sept 2015. My wife on h4 has valid stamp sept 2015. Recently i transferred my h1 and new employer filed h1 for me and i 539 for my wife. We both received receipts. Both still in processing. My Wife wants to travel to India next month with valid Stamp(sept 2015). My previous employer said he is going to revoke my h1B.

    By that time both H1 and I539 will be in processing state. I have client letter, employer letter, pay stubs. What are the documents they may ask during immigration.

    What are the risks During returning after3 months from India.

    Is it advisable to travel to outside the country during i539 processing.

    Or can i withdraw i539 processing if its not processed by that time
    I dont see any risks as long as your spouse will have the copy of the new employer's approved petition, and LCA when she plans to return.

    This is my opinion not legal advice.

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    • #3
      Thanks.
      I don't think mine or her petition approves by the time she returns. Now a days it takes 6 months to process the petition. Is there any risk of traveling if the petition is in processing. Valid visa stamp Sept 2015 and Valid i94 expires on Sept 2015.
      Last edited by luckysmart; 10-25-2013, 09:04 PM.

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