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Can H4 enter into US while H1B transfer is in progress

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  • Can H4 enter into US while H1B transfer is in progress

    H1B is sponsered by company A and recently came to US. Due to some certain reson company A has terminated my employment and company B is ready to start H1B transfer process. As i have came recently, i did not get any pay stubs yet. Before coming to US, my spouse had H4 stamping done for company A.

    I would like to bring my spouse before or while H1B transfer is in progress to company B.

    Will it create any problem for my spouse at the time of port of entry?

    Will they ask for paystubs to my spouse at the time of port of entry?

    I would need a help very urgent.

  • #2
    How long have you beenin U.S in H1B status? The employer should pay you irrespective of whether they provided you work or not. If not, you can complain to DOL and make them pay. Without proper payslips in H1B, you are out of status and the chances of a successful transfer is very less. IT is not advisable to ask your wife to travel in H4 when you are out of status on H1B.

    https://www.immihelp.com/h1b-visa-em...int-procedure/
    https://www.immihelp.com/h1-visa-holder-rights/
    https://www.immihelp.com/h1-visa-hol...ponsibilities/
    Not a legal advice. Use of this information is strictly at your own risk.

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