H4 application for spouse while H1B is in transfer

[frodo_baggins]

Hey guys,

I have some questions regarding my specific case and was hoping to get some advice here.

I currently work for employer A on an approved H1B visa, I received an offer from employer B and took it. Employer B has applied for the H1B transfer and I have received the I797C receipt number. I am guessing it will be a while before I get the final approval notice from USCIS. The plan is to start working for employer B in about a week from now.

1) At this stage, I am trying to file a H4 Visa application for my wife so she can accompany me here. My confusion is whether to use the receipt number from the "I797A approval notice from employer A" or the "I797C Receipt notice from employer B" for the principal applicant (which would be me) ?

2) Assuming the answer to question-1 is "I797A approval notice from employer A", then by the time her DS160 filled out and she schedules an interview at the consulate to get her visa stamped, I would have started to work for employer B. Will this be a problem?

Any thoughts on these questions will be much appreciated, thanks guys !

[raghvi]

Hey guys,

I have some questions regarding my specific case and was hoping to get some advice here.

I currently work for employer A on an approved H1B visa, I received an offer from employer B and took it. Employer B has applied for the H1B transfer and I have received the I797C receipt number. I am guessing it will be a while before I get the final approval notice from USCIS. The plan is to start working for employer B in about a week from now.

1) At this stage, I am trying to file a H4 Visa application for my wife so she can accompany me here. My confusion is whether to use the receipt number from the "I797A approval notice from employer A" or the "I797C Receipt notice from employer B" for the principal applicant (which would be me) ?

2) Assuming the answer to question-1 is "I797A approval notice from employer A", then by the time her DS160 filled out and she schedules an interview at the consulate to get her visa stamped, I would have started to work for employer B. Will this be a problem?

Any thoughts on these questions will be much appreciated, thanks guys !

1&2. I would not suggest using the receipt number to go for H4, in fact I would not suggest you join B merely on the receipt number basis. If in a hurry ask them to process it in premium.

This is my opinion not legal advice.

[frodo_baggins]

Thanks for the reply. I am a little confused here because from what I have read in a lot of places, a valid H1B visa holder can change employer and can start working for new employer as soon as the petition is received by USCIS.

[raghvi]

Thanks for the reply. I am a little confused here because from what I have read in a lot of places, a valid H1B visa holder can change employer and can start working for new employer as soon as the petition is received by USCIS.

Well that is the rule, but if for some reason the petition is rejected, it renders the employee out of status immediately.

This is my opinion not legal advice.