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Dependents travel on H4 while H1 transfer is inprogress

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  • Dependents travel on H4 while H1 transfer is inprogress

    Hi,

    My H1 is currently under transfer process from emp1 to emp2. My wife and kid have H4 stampings from emp1. I have gone through previous threads and understand its not an issue to travel with an H4 obtained using emp1. They have their tickets booked in couple of weeks to travel from India. This will be their first visit as dependents. Question is, Can they travel while my H1 is still under transfer process? or Should they need to wait until the transfer is approved? Would there be any issues for their travel if my petition is not approved or still in progress while the travel?

    Any input is highly appreciated.

    Thanks
    SK

  • #2
    Originally posted by soccercrazy79 View Post
    Hi,

    My H1 is currently under transfer process from emp1 to emp2. My wife and kid have H4 stampings from emp1. I have gone through previous threads and understand its not an issue to travel with an H4 obtained using emp1. They have their tickets booked in couple of weeks to travel from India. This will be their first visit as dependents. Question is, Can they travel while my H1 is still under transfer process? or Should they need to wait until the transfer is approved? Would there be any issues for their travel if my petition is not approved or still in progress while the travel?

    Any input is highly appreciated.

    Thanks
    SK

    With whom would you be working with at the time of their entry into US? IF you are working with EMP1 at the time of their entry in to US and they show your EMP1 petition it is fine. But if you are working with EMP2 at the time of their entry in to US, but they dont show your EMP2 petition it can be a cause of issue.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      With whom would you be working with at the time of their entry into US? IF you are working with EMP1 at the time of their entry in to US and they show your EMP1 petition it is fine. But if you are working with EMP2 at the time of their entry in to US, but they dont show your EMP2 petition it can be a cause of issue.

      This is my opinion not legal advice.
      Thanks, for your response. I will be working with emp2. If I understand correctly, they should not show the emp2 petition. Enter as it is with the petition of emp1. is that correct?

      Comment


      • #4
        Originally posted by soccercrazy79 View Post
        Thanks, for your response. I will be working with emp2. If I understand correctly, they should not show the emp2 petition. Enter as it is with the petition of emp1. is that correct?
        yes

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