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H1B Queries

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  • H1B Queries

    I am working with company A in USA on L1B visa and my family is on L2B. Same company applied H1B for me this year and it got approved with COS. I-539 has also been applied for my wife and son. So from 01-Oct-08 I will be on H1B.

    Here are my questions:
    1) As I-539 for my wife and son will take some time to get approved, can they travel after 01-Oct-08 to India and get H4 visa stamped on the basis on my approved H1B petition, assuming that their I-539 is pending.

    2) After they come back to USA, I am planning to transfer my H1B to company B. Is it possible/advisable to transfer H1b/H4 to company B while I-539 (with company A) for my family is pending.

    3) Is it possible/advisable to transfer H1B to company B without getting H1B stamped on my passport. Can it cause problem in future when I go for visa stamping while working for company B.

    Your response will be highly appreciated.

    Thanks

  • #2
    1. Yes, they can.Let them carry proof that I539 was applied before your status changed to H1b.
    2. Yes. After they come back, the I539 is useless as they would already be on H4.
    3. Yes, definitely. No issues.

    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


    • #3
      H1B Queries

      Thats a lot for your valuable advice.

      I have one more question...

      In case my family does not travel to India, can I still transfer H1B/H4 to company B sometime in Dec-08 while their I-539 is pending?

      Thanks

      Comment


      • #4
        Yes. It is however suggested that you apply for another I539 at that time using the pending petition as your ex employer might withdraw that petition.

        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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