H1-B transfer and H4

[shailesh74]

Hi,

Can someone please answer my question:

Q) I have a valid H1-B petition and VISA stamping (valid till 13th June 2005) from company A.
I recently got an offer from company B. Company B has applied for my H1-B VISA transfer using priority processing and expect petition to be approved by October end.
I need to travel to India for my marriage in Nov. My wife will accompany me back to US.

Can i resign from Company A on 1st November and join company B, and still use
a) the existing VISA stamping on my passport from Company A and
b) the new H1-B petition from company B
to travel back to the US.

In such a situation can my wife travel back with me.
Will her H4 be issued against the petition from Company A or B.

Also, can company A terminate the H1-B petition it filed for me for which i have the VISA stamp and prevent me from entering back in the US.
If the company A does so will that nullify the VISA stamp on my passport against its petition.


please advise

Shailesh

[Balu]

H1-B transfer and H4

Shailesh ,

Eventhough you changed from company A to Company B, you don't have to change your Visa stamp in your passport if that is valid.

And for your wife, they will issue Visa with company B petition. ( If you apply for her H4 with Company A and if the consulate identifies that your currently working for company B, then there may be delay in getting H4. So apply for your H4 with the H1B of Company B only )

You can use Visa of Company A and H1B petition of Company B to enter back to USA.

--Balu