H1 Transfer while H4 depended in India (they never travel to US)

[ank123]

Hi All, Greetings!

I have a question regarding validity of my family H4 visa (they are still in India) while I go for H1B transfer and they don’t have I-94 as they never traveled to US.
Recently I got H1B visa and come to US in April 2015 while my family is still in India (visa got stamped but never travel to US). Now I am getting new offer from company B (reputed IT firm) and they are willing to transfer my H1B visa transfer but they told me that as my family is still in India therefore they will only apply for my H1B visa transfer and H4 visas will be initiated upon H1b Visa approval. This doesn’t sounds good to me, please help with below questions:

1) is it safe to transfer H1B to new employer (B) when I only worked for current employer for mere 2 months. Especially when premium processing on H1b has been stopped till July 2015, therefore my new employer (B) will process visa transfer through regular processing but will certainly takes 5/6 months of time and I need work with new employer upon FedEx conformation number or receipt number.

2) As I come to US alone (in April 2015) therefore my family doesn’t have I-94 but they got visa stamped (through my current employer) and if I initiate my H1B transfer from here, won’t hey have any issue if they travel to US while my new H1B Transfer petition is pending?

3) Imagine in scenario if they travel to US with current stamped visa, won’t they have any issue in Port of entry as their visas are depended on H1B visa and if I go with H1b transfer at time (probably next month) my current visa may revoked and new one is in pending status.

Thanks in advance!

[shervin143]

1) is it safe to transfer H1B to new employer (B) when I only worked for current employer for mere 2 months. Especially when premium processing on H1b has been stopped till July 2015, therefore my new employer (B) will process visa transfer through regular processing but will certainly takes 5/6 months of time and I need work with new employer upon FedEx conformation number or receipt number.
>>> You are allowed to start working for the new employer upon receiving the receipt notice (FedEx confirmation is legal), but it is not advisable. If the transfer gets denied, you are considered out of status and will need to leave the country. Advisable to join after the transfer gets approved.

2) As I come to US alone (in April 2015) therefore my family doesn’t have I-94 but they got visa stamped (through my current employer) and if I initiate my H1B transfer from here, won’t hey have any issue if they travel to US while my new H1B Transfer petition is pending?
>>> No issues. H4 is not associated to your employer. H4 is associated to your H1B status. As long as you maintain the H1B status (working for any H1B employer), they can travel in H4. If the transfer is pending, then give them a copy of the receipt notice to carry while they are travelling.

3) Imagine in scenario if they travel to US with current stamped visa, won’t they have any issue in Port of entry as their visas are depended on H1B visa and if I go with H1b transfer at time (probably next month) my current visa may revoked and new one is in pending status.
>>> It doesn't work that way. Read answer to question 2. To avoid even a tiny bit of complication at the POE, it is advisable they travel while you are working for the current employer or after the transfer is approved. Having them carry a few of your recent pay slips (to prove H1B status) will help.