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Does H4 need to be restamped on H1 transfer?

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  • Does H4 need to be restamped on H1 transfer?

    Hi,

    I got my H1 visa stamped through company A on Nov 2007. Along with me, my wife got the H4 stamping also. I alone came to US and later I changed my company to B on. I got the I-797 for company B. We got a kid
    on March 2008. Now, I'm planning to go to India and bring my wife and kid (we are going to attend visa interview for kid's H4 when i reach india)with me to US. I checked the FAQ section of immihelp and it is written like "since h4 is not specific to an employer, ". In my case, my wife is not in US(infact she
    never have been here) at the time of my H1 transfer. Also, her H4 have the name of my previous employer, A in it.
    My questions are:

    1. Does my wife need to get her H4 visa changed(since i changed my employer to B)?
    2. Do I need to get a new H1 stamped for employer B?
    3. If me and my wife donot have to get a new visa stamped, will there be any problem at POE for my wife
    when the kid's visa shows a different employer name?


    Those who already went through this situation, please help.

    Thanks
    Sijin

  • #2
    H4 and H1 issues

    I got my H1 visa stamped through company A on Nov 2007. Along with me, my wife got the H4 stamping also. I alone came to US and later I changed my company to B on. I got the I-797 for company B. We got a kid
    on March 2008. Now, I'm planning to go to India and bring my wife and kid (we are going to attend visa interview for kid's H4 when i reach india)with me to US. I checked the FAQ section of immihelp and it is written like "since h4 is not specific to an employer, ". In my case, my wife is not in US(infact she
    never have been here) at the time of my H1 transfer. Also, her H4 have the name of my previous employer, A in it.
    My questions are:

    1. Does my wife need to get her H4 visa changed(since i changed my employer to B)?

    ---- If your wife has a valid Visa at the POE she can show your I-797 form company B to get I-94 till its validity and enter US

    2. Do I need to get a new H1 stamped for employer B?

    ---- If you have a valdi Visa at the time of traveling to the US show your I-797 to get a I-94 till that date

    3. If me and my wife donot have to get a new visa stamped, will there be any problem at POE for my wife when the kid's visa shows a different employer name?

    ---- No issues as long as 1 and 2 are fulfilled

    Subramanya

    Comment


    • #3
      Thanks a lot for the quick reply Subramanya. One more question about the answer for No:2
      ---- If you have a valdi Visa at the time of traveling to the US show your I-797 to get a I-94 till that date

      What does this valid visa means? say my first employer cancelled my petition. I hope the visa(with this employer's name) will remain valid till the expiry date on it. kindly correct me if i'm wrong.

      Thanks and Regards
      Sijin

      Comment


      • #4
        H1 transfer

        Thanks a lot for the quick reply Subramanya. One more question about the answer for No:2
        ---- If you have a valdi Visa at the time of traveling to the US show your I-797 to get a I-94 till that date

        What does this valid visa means? say my first employer cancelled my petition. I hope the visa(with this employer's name) will remain valid till the expiry date on it. kindly correct me if i'm wrong.

        ---- This is a dicey situation as the case can be partly right and partly wrong

        ---- Partly right is when your employer cancels your H1 he has to send a letter to USCIS and by the time it gets cancelled it takes time and if you have Vis during thet time it is considered to be valid

        ---- Partly wrong because if you do not apply for an extension or transfer of your H1 than the Visa is negated if the H1 is canceled (this is also time dependent as above)

        ---- In all fairness, if you have applied for a transfer then the old Visa is valid on your return to US if you carry an approved H1 approval notice frrom teh new company

        Subramanya

        Comment


        • #5
          A cancellation of H1b petition by the employer does not cancel your visa. Your visa remains valid for entry when accompanied by a valid I797 from any employer and you have a job offer.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment

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