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H4 Visa for Wife and Son on 23 September 2005 --- Kindly Give your Suggestions

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  • H4 Visa for Wife and Son on 23 September 2005 --- Kindly Give your Suggestions


    My wife and son have stamping appointment with INS Chennai on 23rd Sept 2005. I have changed my company here at US and unfortunately though its H1 premium processing, i dont have my approved H1 Transfer petition in hand. While I changed my company, to clean apartment and move my lugggage and drive i was like on leave or with no company for 4 days. I mean i have quit on 15th august and 22 aug i joined new company.

    Now will these 4 days for which i was with no company, be a problem for my H1 Transfer to be approved? I mean is it against law for a candidate to be with no company for 4-5 days while he actually move to a different location and different company?

    I have relevant pay stubs, exp and relieving letters etc. Can your guys give any suggestions on what might happen if i send my family with my old H1 petition for Stamping. I mean will INS reject the visa since i dont have latest company's H1 petition or will INS put a query to get the lates H1 Transfer Petition or will the give H4 stamping so that my family can get it transfered after comming here Or any other guess...

    My Problem is if i postopne the date now, again until march 2006 i dont have dates. My son is almost 10 months old and i have just seen his photo for now.

    If any one of you have faced or heard about such situation, kindly give your heads up so that i can take from there.


    Last edited by shekhakr; 09-20-2005, 04:44 PM.

  • #2
    Hi Shekar,
    You will not be out of status if the second employer has filed for your H1b. In fact you can even start working for the second company as soon as they file for your H1B, no need to wait for the approval. Please do a research on AC 21 guidelines and portability provisions for work visa holders in the US. As far as the stamping goes, they have to get the old H1B stamped if by the time they go for interview the new H1B papers don't arrive. But if does come, then send them with the new bunch. Verify with your Co./attorney, usually premium processed applications take only 15 to 20 days for approval.


    • #3
      Thanks Veena,

      Thanks for your quick reply. Yes you are correct and accepting this fact i have started working for new company but unfortunately i dont have new h1 transfer documents in hand.
      So according to your suggestion, i am sending her for stamping this week on old h1 documents.
      Lets see how it goes.