H-4 visa stamping on pending H-1b transfer reciept


honeymufti

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Hello, 
My wife went to give l-1b blanket interview and got denied. She appeared for h-4 visa interview after that and got denied again. Reason give was that she was traveling to a different city than her husbands city. My wife holds a H-4 Ead that is valid till July 2020 and works full time in a different city than mine.

Now, I was laid off recently and I was on the companies payroll till 29th October 2018. 
My new employer has filed for the h-1b transfer on 25th oct 2018 and I am waiting on the transfer receipt for h-1b so I can start working. 

My wife’s employer is suggesting her to go for h-4 visa interview again ( so she can get back to work on H-4 EAD) with receipt of h-1b transfer, old employer i797(valid till 2020) and new employers paystubs, new LCA etc. 
I wanted to know what are the chances of getting approval on h-1b transfer receipt? 

From my understanding I will still be in status but not sure how consulate treats it. My wife's employer is not allowing her to work remotely so I hope her job is not lost due to this timing

Please provide your inputs. 
Thank you

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  • 2 weeks later...
On 10/31/2018 at 7:21 PM, honeymufti said:

Hello, 
My wife went to give l-1b blanket interview and got denied. She appeared for h-4 visa interview after that and got denied again. Reason give was that she was traveling to a different city than her husbands city. My wife holds a H-4 Ead that is valid till July 2020 and works full time in a different city than mine.

Now, I was laid off recently and I was on the companies payroll till 29th October 2018. 
My new employer has filed for the h-1b transfer on 25th oct 2018 and I am waiting on the transfer receipt for h-1b so I can start working. 

My wife’s employer is suggesting her to go for h-4 visa interview again ( so she can get back to work on H-4 EAD) with receipt of h-1b transfer, old employer i797(valid till 2020) and new employers paystubs, new LCA etc. 
I wanted to know what are the chances of getting approval on h-1b transfer receipt? 

From my understanding I will still be in status but not sure how consulate treats it. My wife's employer is not allowing her to work remotely so I hope her job is not lost due to this timing

Please provide your inputs. 
Thank you

Your wife's employer is not right. Your new H-1 petition needs to be approved before she can go for H-4 stamping. Consulate does not treat receipt as a valid document. It needs to be approved. Since there is no premium processing also in your case it is a tough time.

You can contact a immigration attorney for advice. Just like a second opinion.

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