Urgent: H1 Transfer when wife in India on H4

[apadwal3091]

Hello Everybody,

I got an offer from a company and need to go for an H1 transfer. But my wife is in India on H4 and will be travelling back sometime soon. She has the current (I539 approved) approval notice and will be going for stamping in a couple of weeks.

In the meantime, if I transfer my H1 to this new company, will my wife face any issues while the H1 transfer is in progress? Experts, could you please let me know it that is possible? Or do I need to do a PP and send my wife the new approval notice? The other option that I see is let my wife come back to US and then file for the H1 transfer. But not sure if the company can hold the offer for that long.

Experts, could you please let me know what could be done in this type of scenario?

Thanks,
Amit

[txh1b]

No issues as long as you continue to work for the company when she attends the visa.

Each transfer is an independent process and will not impact the H4 if you work at the company when the stamping is done.

[apadwal3091]

Urgent: H1 Transfer when wife in India on H4

Thanks txh1b! My wife would be going for the stamping tentatively around 1st week of November.

Does that mean I should stick to my present employer till her visa is stamped? And THEN ask the new company to initiate the H1 transfer?

Please let me know. Thanks in advance!

[txh1b]

Does that mean I should stick to my present employer till her visa is stamped? And THEN ask the new company to initiate the H1 transfer?

No. They can initiate the transfer anytime. I suggest that you stick with the employer that provided the I797 that your wife would be attending the stamping with.

[apadwal3091]

Urgent: H1 Transfer when wife in India on H4

Got it. Thanks txh1b!