H1B Transfer while Dependents are out of US

[Ramasubbu]

Hello Team,

I moved to Company B from Company A about 5 months back and got both the H1B and H4 approvals (i797s & I94) for myself and all my dependents. All of my dependents now have their own separate H4 Approvals (I797). My dependents (in H4) would be travelling to India shortly and are scheduled to for Visa Stamping as well through Company B. Now, Company A is offering me and if all goes well I would have to initiate the H1B Transfer back to Company A while my dependents are in India. Assuming that their visa stamping goes well and they are still in India, my questions are

1. Can I initiate H1B Transfer while my dependents are out of US?
2. Or should I wait for them to return to US before initiating anything?
3. If Company A had revoked my original H1B petition post my separation, they would have to refile again. What if they haven't revoked yet?
4. If I had to initiate the H1B transfer without my dependents in US and if that puts them out of status (which I guess should not be), how do i bring them back to us?

Your inputs would be of great help. Thanks in Advance.

[Ramasubbu]

Any inputs would really help. Is this situation never occured to anyone before?

[shervin143]

1. Can I initiate H1B Transfer while my dependents are out of US?
>>> Yes.

2. Or should I wait for them to return to US before initiating anything?
>>> Not necessary.

3. If Company A had revoked my original H1B petition post my separation, they would have to refile again. What if they haven't revoked yet?
>>> If Company A hasn't revoked your H1B petition, then you can leave the country and return back on Company A's petition and start working for them. If you do not want to leave the country and re-enter using Company A's petition, then they will have to file a transfer.

4. If I had to initiate the H1B transfer without my dependents in US and if that puts them out of status (which I guess should not be), how do i bring them back to us?
>>> They can't go out of status when they are outside the country. They just need to enter U.S using a valid H4 visa and your H1B petition (for whichever employer you are working on the day of their return). If you join Company A immediately after filing a transfer (using just the receipt notice), then it is advisable that your dependents wait until the transfer gets approved, so that they can show your new I-797 at the POE.