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New H1B visa transfer while old approval is pending

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  • New H1B visa transfer while old approval is pending


    Would appreciate if anyone can help me out with this situation.....

    I got my H1B visa from Indian company (Company A) which is valid till sept 2008 and my wife has the same validity for her H4 visa and we both are in US.
    I changed from company A to company B in Oct 2006 and got respective approval notices for me and my wife.
    Then I changed from company B to Company C in June 2007, and both of our approvals are pending with USCIS.
    Now I'm going to join Company D in few days and my wife already has a trip scheduled to India in October '07 returning back in November '07.

    I have several doubts in mind:

    1. What would be the best way of dealing the situation since my wife's trip to India cannot be avoided. So shall I ask my company D to apply for both of our visa transfers before my wife's trip to India. Or shall I ask them to apply only for my H1B transfer and let my wife go to India without applying for her H4 transfer/extension.

    2. Would she be able to come back to US with her old stamping or does she require a new stamping?

    3. What would be the consequences if I dont apply for my wife's H4 transfer/extension before her trip to India. Do I need to request Company C to cancel the earlier pending request for her H4 transfer/extension? According to my knowledge if her application is pending and she travels to India then she cannot get back to US until she gets a new H4 visa stamping.


  • #2
    Better not apply for her visa extension yet. She can travel as long as the stamp on her passport is current. if you get the approval before she gets back then she can use that to get a new I-94 matching yours. If your application is still pending then apply for her extension and ask for her application to be abjudicated with hers.