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can a H4 travel when my H1 transfer is underway

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  • can a H4 travel when my H1 transfer is underway

    I am in the US and my H1b transfer is under way through Regular processing. My wife is currently in India and her H4 visa is in the name of my previous employer and it expires in July 2011.

    1) Can she travel with her exisitng visa when my H1 transfer is in process?
    2) If she comes after her visa expires, does she have to go for a fresh H4 stamping in the name of my new employer?
    3) Can my new employer apply for her H4 visa if she comes over before July to US?

    Please respond. Thanks in advance.

  • #2
    Your wife can enter the US with her current H4 visa as long as it is valid. If your new employer's petition is approved by then, she can show the new approval notice to get I-94 according to that.
    If she showed the old approval notice and got I-94 according to that, she will need to file I-539 to extend her I-94 before it expires.
    Whenever she leaves the US she will need to get H4 Visa if her current visa has expired at that time.
    This is my opinion and not legal advice.

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