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H1 & H4 Transfer and Stamping

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  • H1 & H4 Transfer and Stamping

    Hi
    Currently I am working for Company A. My H1 had expired in June 2010 and i have got a extension till Nov 2012. I will be traveling to India next month during which i will have visa stamped for me and my dependents through existing employer. When i come back from India i am planning to join Company B (currently my H1 transfer is in process with Company B). My question is:
    1) If my dependents continue stay in India for some more time, and I come back resign from Company A, do they need to get their H4 visa stamped again through Company B before entering US? Or they can come on previous employer H4 visa as it will be valid till Nov 2012?
    Please advice asap.
    thanks
    -R

  • #2
    No need for new visa. Your dependents are not associated with your employer. Please read the FAQ section of immihelp for very commonly asked questions. There are 1000's of posts that has answer to this question in immihelp. Please feel free to use the search option and the FAQ section and then post your question if you don't find the answers there.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Do you have petition approved from B? Are you planning to work for A for any duration after returning?
      You need to show appropriate approval notice for the employer which you will work for at POE. Name of employer on Visa for both you and dependents does not matter.
      This is my opinion and not legal advice.

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      • #4
        Originally posted by rhp1975 View Post
        Hi
        Thanks for your response. Actually my H1 transfer is applied by the company B as of now. I was planning to get the visa stamped by current employer and then once i am back i wanted to resign. However before i travel to India, there is a possibility that H1 would have been transferred to new company. Does this impact my situation?
        -R
        You must work for A if you show A's petition approval notice at POE.
        You can apply for the Visa with any petition.
        But you should either wait for B's petition to get approved to enter the US or if you enter with A's petition, you should work for A.
        This is my opinion and not legal advice.

        Comment

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