H1 B transfer Urg Q

[cvsonline]

I started with H1 B in Company A Oct 2005 and got my visa stamped till Sep 2008 when i visited india after Oct 2005.

Now in Oct 2007, I changed to Company B, who have filed a transfer application. This application is pending now.

My Questions are this.

1. I am going to india in January 2008. Is it Ok to travel when the transfer application is pending.

2. If the transfer is approved by then, Do in need to get stamping again, as my visa date is valid till Sep 2008.

3. Also, I am getting married in Jan and my spouse will also get H4 Visa stamping in Jan 2008. How does things work for her.
a. when my transfer is pending when she goes for stamping.
b. when my transfer is approved and I did not get stamping again as i dint not have to(as answered in Question2)..

Please let me know asap. Thanks a lot for your time and help.

-V

[knowledgeable]

Not too much of a problem

Your questions are answered below.

I started with H1 B in Company A Oct 2005 and got my visa stamped till Sep 2008 when i visited India after Oct 2005.

Now in Oct 2007, I changed to Company B, who have filed a transfer application. This application is pending now.

My Questions are this.

1. I am going to India in January 2008. Is it Ok to travel when the transfer application is pending.

--> Yes. If you're in India when the approval comes, try to get the original document with you so you can bring it along on your return to USA.

2. If the transfer is approved by then, Do in need to get stamping again, as my visa date is valid till Sep 2008.


--> No. If you've got a valid visa stamped in your passport you can travel on that VISA with the new approved petition.

3. Also, I am getting married in Jan and my spouse will also get H4 Visa stamping in Jan 2008. How does things work for her.
a. when my transfer is pending when she goes for stamping.

--> Your wife can get her H4 once your new H1 is approved. However, if you're still working for your previous sponsor, then you can get her H4 on that basis, but will require the documents from your company too.

b. when my transfer is approved and I did not get stamping again as i dint not have to(as answered in Question2)..

Please let me know asap. Thanks a lot for your time and help.

-V

[cvsonline]

H1B transfer - H4. Urgent Q.

Hi Knowledgable,
Thanks for your fast reply.
I have the application pending, and I have already started working for the new sponsor.

So when I go to india, i can have either of the 2 case
Case 1. Transfer application still pending. So Can I return with this pending Application, with just the receilpt to show that I have the new Company I am working for.. Also In this case Can my spouse get her Visa stamped based on my pending application , with just the receipt.??

Case 2. My transfer application is Approved. In which case , going by your reply, I probably will have no probs and can come back and also get my spouse's visa based on that. So please Lemmme know how to handle case1.

In fact I am thinking just to avoid case 1, I will do the premium processing and do get the approval asap.

Thanks

Let me know asap.
-V

[knowledgeable]

Here you go

To be absolutely technical, it's not a "transfer". An employer is filing for a H1B for you, that's it.
Until that H1B is approved, it's not valid.

Your spouse will not be able to get a H4 visa based on a receipt of the filing of a H1B application.

Once your new employer gets the H1B approved, they need to send the original document to you, which you will use along with your visa stamped on your passport to enter United States.

This is the new approved original document that your spouse will use to get the H4 visa.

Hope this helps you.

Warm regards.