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H1b switching to another Employer - H4 dependents in India

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  • H1b switching to another Employer - H4 dependents in India

    Hi,
    If a person (on H1B Not subjected to CAP with I140 approval) from Company A is moving to company B ( after company B initiates H1B transfer ) and dependents are currently in India while this transfer occurs and the dependents are on I-94 extension which means they have to get stamped before entering US again, How will affect the dependents being able to join back the H1B holder. to be specific, here is the situation:

    1. Dependents left for India May 5th, 2014
    2. Offer letter confirmation on June 5th, 2014
    3. Employer B confirms petition with USCIS filed on June 15, 2014
    4. Employer B expects H1B holder to start working June 20, 2014
    5. Dependents planning to return Aug 10, 2014
    6. H1B holder and Dependents on H4, all are on I-94 extension valid till Feb-2015

    Questions:
    1. Assuming there is NO Employer change situation, can the dependents go for stamping before June 5 2014 and complete stamping process?
    2. Assume Stamping goes good and approved. Now the Employee change situation occurs, can the dependents return to US on Aug 10, 2014 based on the stamping they already had?
    3. Assume stamping date for dependents was set into july 2014 or Aug 2014, but before this date Employment change had to be taken due to significant benefits through new employer, what do we have to do so the dependents join back H1B holder.

    Hope, i have provide clear situation and questions. Please help with what are the options.

    Thanks in Advance.

  • #2
    H1b switching to another Employer - H4 dependents in India

    Your employment change nothing to do with your dependent travel. The logic is simple, if the stamped visa in the dependent passport is valid during their travel, they can enter the country with your latest approved petition. It does not matter even if they have your old employer name on it.

    Your latest approved petition and the visa validity during their travel are the key!!

    This is my opinion.

    Comment


    • #3
      Originally posted by kadkhiq81 View Post
      Your employment change nothing to do with your dependent travel. The logic is simple, if the stamped visa in the dependent passport is valid during their travel, they can enter the country with your latest approved petition. It does not matter even if they have your old employer name on it.

      Your latest approved petition and the visa validity during their travel are the key!!

      This is my opinion.
      Hi Kadkhiq81
      Thanks for the opinion. I got the point . one more question. when you say "they can enter the country with your latest approved petition", does it mean that at the time of re-entry to US, dependents should have a copy of latest H1B approval notice (whichever it is Employer A or Employer B ). Correct ?

      Thanks again.

      Comment


      • #4
        H1b switching to another Employer - H4 dependents in India

        Yes, you are correct.

        This is my opinion.

        Comment

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