H1B-H4 stamping and transfer of company

[peerless123]

Hi,
Greetings to All.

I have a question for which I'd like to seek your opinion.

I am on H1B visa with company A for more than 3 years and also got I-797 renewal for another 3 years this last fall.

I am getting married next month in India during which I plan to get visa stamping (my H1visa has expired on passport).
And I am planning to bring my wife a few weeks later after I arrive in US.

The issue is that I plan to change my company A after coming back to US by applying for a H1 transfer to another company B.

My question: Should I get my wife's H4B stamping done with company A's I-797 given the fact that I have intentions of transferring H1 upon my return.

If the answer is yes, and lets assume I change my company and get a new I-797 with company B, Is it safe for my wife to arrive in US on the H4 stamp done on company A's I-797?

Please advise.

Thanks

[kabkaba]

Name of employer on Visa does not matter. In your wife's case, her H4 status is tied to your H1 status and not to any employer.

If you enter the US with A's petition, you should work for A at least for sometime before another employer files a petition and you move to them.

[peerless123]

Hi, thanks for your reply.
Could you please help explain if there is a clause/law or any issue as such that I must work for my present company before applying a transfer.

Thanks again.

[shervin143]

What exactly are you trying to ask? H1B is work related visa. You need to be working and getting paid to maintain your H1B status. If you are out of status on H1B (no payslips from current employer) you are not eligible for a successful transfer.

You can start working for the new employer once the transfer petition is accepted by USCIS (meaning, after receiving the receipt notice of the H1B transfer) although it is advisable to work for the new employer only after receiving the approval notice in hand.

If you are filing the transfer from outside the U.S, then you don't need to be working for the current employer or any employer for that matter. In such case, you can re-enter U.S only after the transfer gets approved by showing the new approval notice at the POE because the old H1B petition is of no use anymore since you have already quit.

Hi, thanks for your reply.
Could you please help explain if there is a clause/law or any issue as such that I must work for my present company before applying a transfer.

Thanks again.

[kabkaba]

When you show A's petition at the Port of entry, you are telling the inspection officer that you are here to join A. If you don't join A that is fraud.
If you want to work for B, they can file a petition using your cap number right now and you can show B's approval notice at POE to enter the US and start working for B. You can use the same old Visa if it is still valid on the day of travel.