Complex situation regarding H1 Transfer! Need urgent help!!

[kingxirol]

Hi there,

I'm having a complex situation. I came to US on L2 visa from company-A in Sep-06 and changed employer to company-B in 2007 (got an H1b from new employer starting from Oct 1st, 2007). I have a L2 visa stamped which is valid till Feb 1st, 2009. I haven't visited India after I got my H1. Now I've got this real good offer from company-C and they are asking to file for H1 transfer. I hope this explains my details. Now the queries are

1- Approx. how much time does it take to get the new approved I-797 in case of H1 transfer?
2- I am planning to visit India in Feb, 2009 and go for visa stamping. Will there be any complications if I don't recieve my I-797 from company-C and only get receipt from USCIS by that time? Can I go for stamping with the original receipt instead of original I-797?
3- Do I need to carry my old I-797 from company-B for stamping?

Company-C is waiting for me to accept the offer letter before Sep 26, 2008!! so any quick response will be greatly appreciated.

Thanks in advance!

[txh1b]

1. 2-6 months, 15 days for premium cases

2. You cannot get a stamp without the I797 of the company that you work for.

3. Good to carry to prove your continuous status if asked.

Ask company C for a premium transfer to cover your base.

[kingxirol]

Thanks a bunch !! Last query ...

Hi txh1b,

Thanks a lot for the quick response! I think getting my new H1b processed through premium processing is my best bet ...

last query: will the premium processing for my H1b, cover for my spouse's H4 visa as well or do I need to have another premium processing for her?

thanks again for your help!

[txh1b]

There is no premium for H4 extension as such. If the H1b and H4 are applied together, USCIS automatically premium processes the H4 as well, whenever possible.

You have plenty of time for travel and you are getting paranoid unnecessarily.