H4 stamping while H1 is being transfered

[pathusa]

My family is visiting India and scheduled to return in last week of October. She will need to get her visa stamped as our visa (with my previous employer) has already expired.

I got an offer from a new company and they will start my visa transfer probably sometime next week or so under premium. I have following questions.

1) Can my wife get her visa stamped now under my current company H1?
1a) If she gets her visa stamped and before she travels to USA my visa is transferred to new company and I started working for the new company, will she be allowed to enter USA?
1b) Assuming answer for 1a is positive. Will that still be true if my current company revokes my H1?
1c) Assuming answer to 1a is negative. Will she again have to get her visa stamped?
2) Should I wait till visa transfer is completed and the get her vis stamped?
2a) Assuming 2 is most preferred. After how many days of visa transfer complete should I ask her to get her visa transferred.

[raghvi]

My family is visiting India and scheduled to return in last week of October. She will need to get her visa stamped as our visa (with my previous employer) has already expired.

I got an offer from a new company and they will start my visa transfer probably sometime next week or so under premium. I have following questions.

1) Can my wife get her visa stamped now under my current company H1?
1a) If she gets her visa stamped and before she travels to USA my visa is transferred to new company and I started working for the new company, will she be allowed to enter USA?
1b) Assuming answer for 1a is positive. Will that still be true if my current company revokes my H1?
1c) Assuming answer to 1a is negative. Will she again have to get her visa stamped?
2) Should I wait till visa transfer is completed and the get her vis stamped?
2a) Assuming 2 is most preferred. After how many days of visa transfer complete should I ask her to get her visa transferred.

1. She should get the stamping on the petition of the company you are working with at the time of visa interview.
1a. Yes as long as she is carrying the approved petition of the employer you are working with at the time of her entry to US.
1b. As I said,she needs to carry with her the approval petition of the company you are working with at the time of her interview at the POE.
2. I would say yes.
2a . You can do so as soon as the next employer's petition is approved. I would advise that you file the "transfer" in premium and send your spouse for visa stamping with that petition.


This is my opinion not legal advice.