H1 Transfer - H4 Issue

[kkpalusa]

I have few questions, can you please advise me on below.

1) I am a H1B holder from my employer X expiring in sep 2009 and currently in US and working with I-94 upto oct 2009, came to US in March 2007.
2) My Spouse is in india now and got H4 stamped.

Questions:
1. I got frustrated with my employer X and decided to change my employer to Y. Y has agreed to do H1B transfer and he is going to apply for it in this week, I spoke to my emploer X regarding H1 Transfer, he was not OK for that

2. My spouse is planning to come to US in Nov 1st week, can my spouse enter the country during the process of H1B transfer?

3. Will there be any issue for my spouse at port of entry If my employer X revokes my H1 and my H1 transfer to Y is in progress at INS??

4.Does my spouse need to wait until I get the approval of my H1 transfer to Y and go for H4 restamping as my process of transfer is on in US?

I will be greatful to you if anyone can suggest me on this.

regards
kkpalusa

[waitin_toolong]

no she does not have to wait as long as you are maintaining H1 her H4 is valid not dependent on employer. The only thing to keep in mind is that after you get the transfer approved you will probably get I-94 based on transferred H1 and hers will be earlier than yours, so remember to extend it in timely manner.

Also she should carry a copy of your extension receipt if possible

[kkpalusa]

Thanks a lot for your help!!