H1B transferred to new employer and Wife is in India with old H4.

[jat4u]

I'm currently moving to a new employer and will have my H1B transferred. But my wife and son are in India. Their visa is valid till sept, 2010 and I-94 till Sept 2012.

1)They are trying to come before sept 2010. Can my wife and son enter USA on their already stamped H4 against my old H1B? What kind of documents does they need to submit at the port-of-entry?
IS this safe to do that?

[kabkaba]

I'm currently moving to a new employer and will have my H1B transferred. But my wife and son are in India. Their visa is valid till sept, 2010 and I-94 till Sept 2012.
They should not have any I-94, it should have been submitted when the left the US.

1)They are trying to come before sept 2010. Can my wife and son enter USA on their already stamped H4 against my old H1B? What kind of documents does they need to submit at the port-of-entry?
IS this safe to do that?

They can certainly use their existing visa and your new approval notice to re-enter the US. A supporting letter from your employer and a copy of your latest I-94 will be good to have too.

[reddy1198]

same problem as above with little change

-- I moved to a new employer in april 2010 and H1 approved.
-- Did not file for my wife's H4 as we applied for H1 in april 2010(not approved yet) to her. she has valid H4 visa from my old employer till jan 2011.

I have 2 questions

1. Can my wife go to india in this month and come back on her stamped H4 visa from old employer.

2. AS her H1 is not approved yet, can she go to india and come back before oct?

thanks

[shervin143]

1. Can my wife go to india in this month and come back on her stamped H4 visa from old employer.
>>> Yes. H4 has nothing to do with your employer. H4 is based on your valid H1B status.

2. AS her H1 is not approved yet, can she go to india and come back before oct?
>>> Not advisable to travel when the petition for COS is pending with USCIS. The COS might get denied and the H1B might get approved as a consular process. There are other complications as well, since you won't know for 100% sure if the status changed to H1B effective Oct 1st.

[reddy1198]

thx shervin--little clarification needed

We have recieved a querry on my wifes H1b today asking for the project requirement. My employer told me that they are going to answer that only after 3 weeks as USCIS gave them enough time.

My question here is: Can my wife go and come back in this 3 weeks as we are sure that My wife dont get approval in this 3 week period. The idea is once she come back we repy to the query with asked details and new I94 that she gets at the airport.

[shervin143]

Yes.

My question here is: Can my wife go and come back in this 3 weeks as we are sure that My wife dont get approval in this 3 week period. The idea is once she come back we repy to the query with asked details and new I94 that she gets at the airport.