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  • H1B transfer in progress

    Hi, Previously I was working for an employer in US on H1B and my wife also got H4 but so far she has NEVER COME TO US . She is still in India. I have been working here alone in US in H1B for the past 6months. Now i got good project and I moving to another employer and my H1B transferre in progress and I also got the LCA for my new employer and new location. Now, my question is, can my wife travel to new location in US for the very first time, with the H4 that she got from my previous employer?

  • #2
    Yes. She will need to carry you new employer's approval notice with her when she enters U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks , Small question , any chance she need to attend for stamping again with new documents or just carrying documents is enough while travel to US?

      Comment


      • #4
        Need Advice: Travel to India when H1 transfer is still in progress

        Hi All,

        Request your advice on below - I'm currently working with employer A with whom I've a valid H1 visa till Aug 2016. Even my current I94 is valid till the same date.

        I've accepted an offer from employer B who has initiated my H1B transfer (general) and have received "Receipt Notice" on Nov 19th 2015.

        Now - I've to travel to India for 2 weeks in early Feb and worried if I can the valid visa of employer A will be enough at the POE ? Will the new I94 on arrival will affect any on my H1B transfer which was initiated on current I94?

        Kindly note that - I've not yet resigned with employer A and on return will be working with them for few weeks till I get the I797A approval letter.

        Please respond.

        Thank you.

        Comment


        • #5
          Just carry the new approval notice with a valid old H4 visa will do. However, it is possible that she might get her I-94 only till the visa expiry date instead of the new petition expiry date. So if you want her to get her I-94 matching your petition expiry date, then she need to get her visa stamped again. But if you don't care about it and if you plan to file the H4 extension while she is in U.S (extension should be filed before the I-94 expiry date), then she can use her existing visa.

          Originally posted by keshavp View Post
          Thanks , Small question , any chance she need to attend for stamping again with new documents or just carrying documents is enough while travel to US?
          - - - Updated - - -

          Why did you hijack someone else's post? You could have created a new post for your question instead of posting a different question on someone else's thread.

          If you leave while the transfer is in-progress, then the transfer will get denied and the H1B filed by the new employer can get approved for consular process. When you return, I believe you will use employer A's petition. So the I-94 will be associated with employer A. To begin working for employer B, they once again need to file a transfer or you should leave the country and return back using employer B's approval notice.

          Originally posted by daynKnight View Post
          Hi All,

          Request your advice on below - I'm currently working with employer A with whom I've a valid H1 visa till Aug 2016. Even my current I94 is valid till the same date.

          I've accepted an offer from employer B who has initiated my H1B transfer (general) and have received "Receipt Notice" on Nov 19th 2015.

          Now - I've to travel to India for 2 weeks in early Feb and worried if I can the valid visa of employer A will be enough at the POE ? Will the new I94 on arrival will affect any on my H1B transfer which was initiated on current I94?

          Kindly note that - I've not yet resigned with employer A and on return will be working with them for few weeks till I get the I797A approval letter.

          Please respond.

          Thank you.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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