H4 re-entering US after H1's Employer changed while extension from old employer is in progress

[Sumit0907]

I am staying in US with my H4 wife and working for employer A and my H1 is expiring on 06July2017. My employer A has filed extension a month back for me and my wife's I-539 in regular processing. My wife had to travel next week to India due to family urgency and planning to come back on 3rd week of June(2-3 weeks before  expiration). 

 Meanwhile I have got a good offer to join a new Employer B(20 year old US based midsize company) which will be filing my H1 transfer in few days and I will be leaving Employer A in 3 weeks( considering I get H1 transfer receipt within next 3 weeks).

Questions:-

1. Will there be any problem in changing job to new employer while extension under process with old Employer ?

2. After 3 weeks I will be working for Employer B. Can my wife enter US on 3rd week of June with the stamping she has on her passport from Employer A which is expiring on 06July 2017 ?

3.  Should I file my wife's I-539 along with my H1 transfer to new Employer B ?  or should I file my H1 transfer now and wait till my wife comes back and file her I-539 then ?

Or please provide any other suggestion.

Thank you so much.

[shekar11#]

On 4/22/2017 at 4:58 PM, Sumit0907 said:

I am staying in US with my H4 wife and working for employer A and my H1 is expiring on 06July2017. My employer A has filed extension a month back for me and my wife's I-539 in regular processing. My wife had to travel next week to India due to family urgency and planning to come back on 3rd week of June(2-3 weeks before  expiration). 

 Meanwhile I have got a good offer to join a new Employer B(20 year old US based midsize company) which will be filing my H1 transfer in few days and I will be leaving Employer A in 3 weeks( considering I get H1 transfer receipt within next 3 weeks).

Questions:-

1. Will there be any problem in changing job to new employer while extension under process with old Employer ?

2. After 3 weeks I will be working for Employer B. Can my wife enter US on 3rd week of June with the stamping she has on her passport from Employer A which is expiring on 06July 2017 ?

3.  Should I file my wife's I-539 along with my H1 transfer to new Employer B ?  or should I file my H1 transfer now and wait till my wife comes back and file her I-539 then ?

Or please provide any other suggestion.

Thank you so much.

1. No issues.

2. Yes, she can enter.

3. You can file for her H-4 also. No issues.

[rsanth3]

Travel on H4 Visa(Wife) - H-1B transfer(Hus) is in Progress(R)

Hi,

My scenario is not any different from Sumit0907, so my wife is in India on a valid H4 visa based on my current H-1B with employer A. Now I am transferring my H-1B to employer B via regular processing (as you all know about PP suspension). I will be joining employer B as soon as I receive my receipt number from USCIS (maybe by June first week), but my wife is scheduled to be traveling back to the US only after 2 months (approx in July 2017) due to personal reasons and commitments.

So in the above situation how will she enter the US and what supporting documents is needed at the port of entry to show that she is a dependant and my legal status is valid but awaiting approval from USCIS.

Please let me know if you guys have come across or have heard such cases before.

Thanks 

[shekar11#]

19 hours ago, rsanth3 said:

Travel on H4 Visa(Wife) - H-1B transfer(Hus) is in Progress(R)

Hi,

My scenario is not any different from Sumit0907, so my wife is in India on a valid H4 visa based on my current H-1B with employer A. Now I am transferring my H-1B to employer B via regular processing (as you all know about PP suspension). I will be joining employer B as soon as I receive my receipt number from USCIS (maybe by June first week), but my wife is scheduled to be traveling back to the US only after 2 months (approx in July 2017) due to personal reasons and commitments.

So in the above situation how will she enter the US and what supporting documents is needed at the port of entry to show that she is a dependant and my legal status is valid but awaiting approval from USCIS.

Please let me know if you guys have come across or have heard such cases before.

Thanks 

She can come back using existing docs. Send your new employer receipt copy just in case POE officer asks her.