H1B petition transfer in case of Authorization on hold

[pranavpatil0702]

Hi,
Could you please provide your input for my following doubt.

My Wife came to US on H4 visa in June 2014. Consultancy A applied H1B visa for her. H1B Petition is approved . Since H1B was applied without change of status ( H4 to H1), consultancy company is asking her to go to India for stamping of H1B.

Question : If she get authorization on Hold during stamping in India , can she travel to US on H4 visa when administrative process is in progress?
If Yes, is it possible to change employer ( Employer B) in US who is ready to transfer H1B with Change of status ( H4 to H1B)?

Please provide your comment.

Thanks,
Pranav

[snehanew]

Hi,
Could you please provide your input for my following doubt.

My Wife came to US on H4 visa in June 2014. Consultancy A applied H1B visa for her. H1B Petition is approved . Since H1B was applied without change of status ( H4 to H1), consultancy company is asking her to go to India for stamping of H1B.

Question : If she get authorization on Hold during stamping in India , can she travel to US on H4 visa when administrative process is in progress?
If Yes, is it possible to change employer ( Employer B) in US who is ready to transfer H1B with Change of status ( H4 to H1B)?

Please provide your comment.

Thanks,
Pranav

How can she travel if the passport is retained by consulate for Admin processing?

[pranavpatil0702]

How can she travel if the passport is retained by consulate for Admin processing?

Hi ,
Do they always keep passport with them for admin processing?


Thanks,
Pranav

[raghvi]

Sometimes they do. If you feel they will keep it, you can always request them to return the passport.

This is my opinion not legal advice.