Seeking H4 - H1 advice

[nik1982]

Both me and my wife are not in US. I hold an H1b and would be travelling sometime Mar2013. My wife has a valid H1b petition(visa not stamped) from company A. But she doesnt have an opportunity to travel to US sometime soon.
1.If we have her H4B stamped and she travels on H4b in Mar2013, would her H1b petition filed by company A be valid.
2. Would it be possible for some company B in US to transfer her H1b petition when on H4B in US.

Tnx,
Nik

[raghvi]

Both me and my wife are not in US. I hold an H1b and would be travelling sometime Mar2013. My wife has a valid H1b petition(visa not stamped) from company A. But she doesnt have an opportunity to travel to US sometime soon.
1.If we have her H4B stamped and she travels on H4b in Mar2013, would her H1b petition filed by company A be valid.
2. Would it be possible for some company B in US to transfer her H1b petition when on H4B in US.

Tnx,
Nik

1. NO.
2. YES, provided the H1 petition was approved in last 6 Years.

This is my opinion not legal advice.

[Lenovo123]

1. NO.
2. YES, provided the H1 petition was approved in last 6 Years.

This is my opinion not legal advice.

I am having a similar situation, I am currently in US and my wife has completed her F-1 and moved to H-1 and moved back to India before marraige. So as per your point 2. as she was holding a H-1 3 years back now when she comes back on H-4 to US as my dependent so she can transfer from H-4 to H-1 based on her old H-1?

Thank you,
Sri