H4 travel to the US while H1 transfer is in process

[gcissues1]

Hi,

I have an H1B visa with my current employer and my spouse has a valid H4 stamp on her visa based on my employment. She is overseas currently and is planning to travel to the US next weekend, leaving on Friday evening. In the meanwhile, I am starting my H1 transfer process to my new employer and they expect to file the transfer petition with the USCIS on PP by next Wednesday.

Will this be a problem for my wife at the POE? Can she travel to the US based on the current H4 stamp even though a new transfer petition has been filed? At the POE, if asked, should she mention my current employer as being my employer? Will the officer at POE know that the transfer petition has been filed and does that matter because she anyway has a valid H4 visa stamp. I ask because in previous posts, I understand that even though a transfer petition is in motion (and even if approved), I can still elect to continue to work for my current employer only and decline to join the new company. So, this should mean that it should be ok for her to travel.

Is my understanding correct? Please help.

Thanks.

[shervin143]

No issues. She can travel on her existing H4 visa. She will need to carry your H1B approval notice that is associated to whichever employer you will be working as of the date of her arrival in U.S.

[gcissues1]

No issues. She can travel on her existing H4 visa. She will need to carry your H1B approval notice that is associated to whichever employer you will be working as of the date of her arrival in U.S.

Thanks Shervin.. this helps a lot. Given the transfer will still be in process at that time, I guess she can come here on the existing H4 and the 797 approval notice from my previous (current) employer.

[shervin143]

Provided you are employed with the current employer at that time.

Thanks Shervin.. this helps a lot. Given the transfer will still be in process at that time, I guess she can come here on the existing H4 and the 797 approval notice from my previous (current) employer.

[gcissues1]

Provided you are employed with the current employer at that time.

Thanks again.. just one last question though - how would the officer at POE know which employer I'm with currently if the H1s from both employers haven't been revoked yet?

Anyway, am glad for your inputs that she will be able to travel without trouble so long as she has the appropriate 797 approval notice with her.

[shervin143]

just one last question though - how would the officer at POE know which employer I'm with currently if the H1s from both employers haven't been revoked yet?
>>> A simple phone call to the employer will do. Also, an employment verification letter from your employer with the latest date is required to be carried to show to the officer if they ask for it.