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H4 Stamping in INDIA while H1 under transfer process

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  • H4 Stamping in INDIA while H1 under transfer process

    HI all,

    Need your advise, here is my scenario:

    working for company A on H1B for the past 5 years (full time) and have my GC in 140 approved stage with H1-B approved till 2020 (no stamping done). my spouse came last year on H4 and got her extension done and has validity till 2020 as well. I got a offer from Company B and would be filling my H1 transfer in about week or two, my spouse wants to travel. my questions are

    1. Can H4 go for visa stamping while H1 is under-transfer?
    2. Can H4 go for visa stamping without H1B is stamped on primary applicants passport?


    appreciate your time and help.

  • #2
    h4 travel while h1 transfer

    Hi ,

    I am on H1b visa with employer (A), which is going to expire on Jan,2018. So my employer(A) filed an Extension, received the receipt number but the case is in-progress state. Meanwhile I got another job offer from Employer(B) and who filed transfer petition, received the receipt #, joined with employer (B) based on receipt #(case is in-progress).
    My spouse is back in India, with H4 visa on previous Employer (A). I am planning to make her travel to US on Dec, 2017 (45 days before the H4 visa expiry date).

    Here are my questions,
    1) Can she travel on old Employer(A)'s H4 visa + Employer(B)'s receipt number + old valid I-797 ?

    2) If the Employer (A) revokes the old I-797 (which is valid till Jan,18) & Extension petition, during the H4 travel will there be any hurdles @POE ?

    3) Once H4 enters into the US (h4 visa valid till Jan,17), when should I go for H4 extension, after my new petition (with employer B) gets approved or before the H4 visa expires ?

    The quick responses will be highly appreciated.

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