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Wife on H4, went out of USA ..while My H1 got tramsfered

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  • Wife on H4, went out of USA ..while My H1 got tramsfered

    I was working for Company A on H1 On 17 Oct 2005
    H1 Transfer application from Company A to B was filed
    It was apporved on 10 Nov 2005

    I resigned from Company A on 5 Oct 2005 and my last working day in Company A was 25th Oct 2005
    Comopany B gave me appointment letter to start job on 26 Oct 2005
    I started working for Company B from 26 Oct 2005

    The question is for my wife who was on H4
    Till date her H4 transfer is not filed.
    And she went to India on 20 Nov 2005 and will be returning on 29 Jan 2005. She has old H4 stamped om her passport from Company A till Dec 2006

    My questions
    1. Can she come on her old visa for company A
    1. Can she come on old visa and on Port of entry shwo my H1 approval notice to get new !-94 according to my new H1.
    2. If not, what are the options, do we need to file Tranfer for her visa now here in US
    3. Can her passport be stamped in India by my H1 approval notice? What is the waiting period and documents required?

    -Manoj

  • #2
    There are 23 views and no one is responding.
    I need help desperatly...pl advise

    Comment


    • #3
      Need a new H4

      She need to get a new H4 stamped from India.They ask for your H1 Approval Notice and Pay slip from the new company.

      Comment


      • #4
        Can anyone tell me if my wife can come at port of entry show my H1 approval notice.

        Comment


        • #5
          I am getting conlicting statements from different sources / sites.
          Can someone anwers my above question

          Comment


          • #6
            HI manoj,
            The best option would of course be to get her passport stamped with your new company's H1B stamp. There have also been many instances where the spouse can show the old H4 stamping and the new H1B approval at the port of entry and get her new I 94 based on the second employer. You have not been getting replies because both methods are right, but I would suggest her to take the stamping for the present company, in which case, you will have to equip her with employment confirmation letter, pay slips, W2s, client details if applicable, etc
            VEENA
            (NOT LEGAL ADVICE)

            Comment


            • #7
              Veena

              IF both options are correct, then I will like to go with option in which wifes re-enter with old H4. What are the chances that they can deny the entry.

              This is due tho the fact that it is lot of hassle of collect docs and then take interview appointment and then attend with a 6 month old baby
              Now a days they are asking for


              1. Interior and Exterior photos of the principal worker at work.

              2. Interior and Exterior photos of the principal worker at home.

              3. A list of all the projects, and their timelines, in which the beneficiary worker has been deployed, with the detailed explanation of the work conducted and the client in question. Include all the periods of inactivity or between projects. Also include client reference for each and every project on the list.

              4. Provide a detailed and specific account of how the H/L worker will be employed during the next 12 months. Be sure to specify location, client and client contact information, nature of the project and duration of the project.

              5. Principal's certified or notarized state and federal tax returns for the last three (3) years, including 2004. Original.

              6. Original 1040 / W-2 forms and Pay Stubs for every year that the beneficiary worker has worked in the US.

              7. W2 forms for all people employed by the petitioner for 2004.

              8. An explanation from the petitioner / employer that may explain why the principal's salaries were well under the required minimum set by law for 2001, 2002, 2003.

              Please le tme know ASAP

              Comment


              • #8
                Can someone reply to my query

                Comment


                • #9
                  Originally posted by manojmails
                  Can someone reply to my query
                  Please, please anyone respond to my query..
                  Can my wife come back to US on old stamping.

                  I have sent her my new Visa apporoval notice and employer letter

                  Can she submit these at port of entry and get I-94 on the basis of this

                  Comment

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