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H4 related question for H1b transfer

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  • H4 related question for H1b transfer

    Hi,
    I am working for employer A on H1b visa and my maxout is on July 2020. I have approved I-797 till May 2020 for both myself and my wife (dependent H4). My wife went to India and got her passport stamped till May 2020 for employer A and she is coming back in a week. Meanwhile I got an offer from employer B and they are ready to file my H1b transfer in premium,

    1) since my wife is not here, employer B is asking me - do I want to wait till she gets back in 9 days and file both H1b transfer and H4 extension together, or will I like to go ahead with only my H1b transfer since she already has valid stamping till May 2020 with employer A? What should I do? Any foreseeable problems if I just go ahead with my transfer?

    2) We both need to go to India for her sisters' marriage in Nov 2018. Assuming my employer B only did my H1b transfer, and did not do her H4 extension, I will have a new I-797 with employer B, and will do the stamping when I am in India in Nov. However, in this case she will not have a new I-797 for employer B so she can't do restamping. Will she have any problem when she enters back in USA in Dec 18 with her stamped visa and her I-797 - both she has for employer A of mine, along with a photocopy of my new I-797 for employer B? Can she be denied entry since my visa/stamping has already changed to employer B, and hers are those for employer A (emp A might have revoked my H1 by then)?

    3) If Emp B goes ahead with my H1b, without her H4 extension (since she is not in USA now), can I still file her H4 extension later as soon as she is back with emp B as a standalone request without the corresponding H1 filing, since H1 transfer will already be done by then (as they are doing premium for me)?

    4) In situation '3)' above, how long will her standalone H4 extension typically take if filed by Emp B in regular (non premium) mode? I am thinking of the current timeframe for such requests since she needs to travel to India by Nov and she may not get her case approved by then, whereas if she would have got her H4 extension filed with my premium transfer then she will get the result in 15 days.

    5) What if I get my H1b transferred, and do nothing for her H4 extension with my new company. She anyway has approved stamping and I-797 with my previous employer till May 2020. H4 is employer independent, so can she enter and exit US as many times as she wants till stamping validity date without having to do any new extension. If yes, what documents she will need - like my new I-797, offer letter, pay slips, etc? Is it allowed?

    Many thanks!
    Last edited by Bubul; 02-14-2018, 12:00 AM.
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