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H1B transfer, india visits, & visa stamping confusion.

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  • H1B transfer, india visits, & visa stamping confusion.

    I'm currently in the USA on H1B with petition approved in 2015 working for employer X. I had a change of status from F1 - H1B. There is another company (Company Y) that wants to initiate H1B transfer, roughly around 15th January. I'm planning to visit India for the first time after H1B approval on 15th of January - 30th January. I'm planning to visit the consulate on 18th/19th to get visa stamped with the current H1B/employer X.

    1) Would there be any problem at the consulate for visa stamping when my visa transfer in the process by employer Y?
    2) I may be visiting india again in February, do I need to get visa stamped again with new petition filed by employer Y before coming to the USA?

    I'm applying for H4 for my wife who is on H1B currently. She and my daughter (who is my wife dependent) on H4 will be accompanying me to india on January 15th. They will be staying there until February ending when we all plan to come back together. I don't think that I will receive their H4s before January 15th.
    3) When i go to consulate on 18th/19th, should I go alone to the consulate?
    4) Should we all visit consulate in february when I get new approval (employee Y) in february?

    Please help to suggest best approach in all these scenarios.

  • #2
    1) Would there be any problem at the consulate for visa stamping when my visa transfer in the process by employer Y?
    >>> Do you know that you are not supposed to travel when the transfer is in progress. If you travel, then transfer will get denied and H1B might get approved for consular process.

    2) I may be visiting india again in February, do I need to get visa stamped again with new petition filed by employer Y before coming to the USA?
    >>> Not required. But if you want your I-94 to match the new employer's approval notice, then you should get the visa stamped based on their petition. Otherwise it is possible that your get your I-94 only till your visa expiry date.

    I'm applying for H4 for my wife who is on H1B currently. She and my daughter (who is my wife dependent) on H4 will be accompanying me to india on January 15th. They will be staying there until February ending when we all plan to come back together. I don't think that I will receive their H4s before January 15th.
    >>> If they are travelling outside U.S, then there is no point in filing I-539 for your wife. When si her last working day on H1B. If she willw ork until she leaves U.S for vacation, then there is no point in filing a COS from H1B to h4 for her. It will take about 6 months to get it approved. You are not supposed to travel when the COS is pending. Best option is to work until she leaves U.S, get the H4 visa stamped based on your H1B and return back on H4 visa.

    3) When i go to consulate on 18th/19th, should I go alone to the consulate?
    >>> Probably you should get your dependents too. get both H1B and H4 stamped together.

    4) Should we all visit consulate in february when I get new approval (employee Y) in february?
    >>> Sure. If you have valid visa to return for a month, then by all means.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you so much Shervin.

      Originally posted by shervin143 View Post
      1) Would there be any problem at the consulate for visa stamping when my visa transfer in the process by employer Y?
      >>> Do you know that you are not supposed to travel when the transfer is in progress. If you travel, then transfer will get denied and H1B might get approved for consular process.
      ////// I will try to manage timing so that I'm here when the transfer is initiated.

      2) I may be visiting india again in February, do I need to get visa stamped again with new petition filed by employer Y before coming to the USA?
      >>> Not required. But if you want your I-94 to match the new employer's approval notice, then you should get the visa stamped based on their petition. Otherwise it is possible that your get your I-94 only till your visa expiry date.

      I'm applying for H4 for my wife who is on H1B currently. She and my daughter (who is my wife dependent) on H4 will be accompanying me to india on January 15th. They will be staying there until February ending when we all plan to come back together. I don't think that I will receive their H4s before January 15th.
      >>> If they are travelling outside U.S, then there is no point in filing I-539 for your wife. When si her last working day on H1B. If she willw ork until she leaves U.S for vacation, then there is no point in filing a COS from H1B to h4 for her. It will take about 6 months to get it approved. You are not supposed to travel when the COS is pending. Best option is to work until she leaves U.S, get the H4 visa stamped based on your H1B and return back on H4 visa.
      ////// Her last working day is Jan 01, 2016. We are all traveling on 15th January to India. Is that timing ok? As suggested, I will drop the plan of filing for COS. I will take them to consulate along with me on 18th/19th January for H4 stamping.

      3) When i go to consulate on 18th/19th, should I go alone to the consulate?
      >>> Probably you should get your dependents too. get both H1B and H4 stamped together.

      4) Should we all visit consulate in february when I get new approval (employee Y) in february?
      >>> Sure. If you have valid visa to return for a month, then by all means.

      Comment

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