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H1B Transfer, Extention, Re-entry and H4 Visa

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  • H1B Transfer, Extention, Re-entry and H4 Visa

    Hi All,

    I am in a situation and would like to get answers to a few Questions that I have.

    I have a H1 B Visa from my Previous Employer 'A' which is valid till 2nd December 2012 and the I-94 card also shows the same date i.e. 2nd December 2012. Just a few weeks ago I switched to another Employer 'B' which processed my H1 Transfer in Premium Processing and received the approval for the I-129 Petition from USCIS with H1 B validity up to 18th July 2013. In the meantime I have plans to travel to India in the month of October and to return back to the US in November before my Visa expires in December.

    I have the following Questions.

    1. Can you travel back into the US with a valid H1 B Visa although it is from my Ex-Employer? would there be any issues, tricky questions asked at Port of Entry in the US as I would be entering the country with the visa from my Ex-Employer? What are the important Documents that I need to carry to convince the Officer at the Port of Entry?

    2. If it is safe to travel back into the country with a valid H1 Visa from the Ex-Employer, then what date can be considered as 'Safe' to return back to the US as the VISA is expiring on 2nd of December 2012? Please note that I have plans to travel back into the US 2 weeks prior to my Visa expiry date, but would like to know if I can extend it to prior to 1 week of the actual expiry date if the situation demands?

    3. If I get hitched while on my trip to India and have to file H4 Visa for my spouse, would there be any issues or will it just be a straight forward process? Also what is the minimum time that it would take to complete the Pre-requisites/schedule the interview/get H4 stamped for the spouse? Also is it suggested to initiate H4 while I am still in India or would it be better off to initiate after I return to the US?