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Travelling on H4 when H1B transfer pending

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  • Travelling on H4 when H1B transfer pending

    Experts,
    pls let me know if my wife can travel on H4 visa(already stamped by current company A) when my H1B transfer to another company(company B) pending ?

    if my transfer is approved, but i dont join the company (untill my wife enters USA) can my wife still enter USA with the H4 Visa( stamped by company A)...

    pls advise.

    Thank you.

  • #2
    Yes. H4 has nothing to do with your employer. But advisable to wait until the transfer is approved, so that she can an I-94 as per your new approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you.

      Q - can i travel to india if H1B transfer is in progress.
      Q - if the H1B transfer is approved, but i dont join immediately, can i travel to India to bring my wife ? can she enter with her H4(stamped by employer A).

      Thanks.

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      • #4
        Q - can i travel to india if H1B transfer is in progress.
        >>> You can. But it is not advisable. Search the forum for similar post explaining the reason for not leaving the country when the transfer/extension is in progress.

        Q - if the H1B transfer is approved, but i dont join immediately, can i travel to India to bring my wife ? can she enter with her H4(stamped by employer A).
        >>> Yes.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Spouse Travelling on H4 from India to USA while H1b transfer is pending

          I came in USA in June 2012 on H1b visa from Employer A. I came with my wife and she was also on H4 visa with Employer A
          I changed my Job to Employer B and my H1b and her H4 got transferred and approved to Employer B. But we both have visa stamping from Employer A only. This happened in June 2013
          Then in Nov 2013 I went back to India on vacation along with my wife. She stayed there till date and I came back in Nov end 2013 with Visa Stamping from Employer A and H1b I797 approval notice of Employer B as I already joined Employer B before going to India. I did not found any problem there
          And she is still in india and she is having H4 visa stamping from Employer A that is valid till Sep 2014 same as mine. But my H1b that is approved from employer B is valid till Nov 2015
          Now the situation is I am planning to change the job to employer C and Employer C has filed my H1b transfer. It is in pending state currently and I am still working for Employer B only as I will join Employer C only after approval.
          Now my wife has to travel to USA but she has visa stamping on passport from Employer A and I am still working for Employer B, so I have approval notice from Employer B i.e. my current employer and H1b transfer is pending for Employer C.
          So Will there be any problem travelling in such situation or I should wait till approval.. What are consequences?
          Which I797 she has to show at port of entry?

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