H1/H4 Transfer and Travel; Form i-539

[h1bguynewbie]

My H1-B with current company expires July'19 (Approval Notice only; Not Stamped) and haven't filed an Extension yet. But got an offer from Company A and transfer is in progress (Applied in Premium). I have to travel to India in June (roughly 3/4 weeks after joining Company A) and get Stamped. I have the following questions:

a) Is it recommended to travel? and what are the precautions to be taken care with respect to Stamping? The new company has a 15 day pay cycle and I will get pay stubs and other official documents from them before I travel.

b) As per the new process for H-4, I-539 form for dependent is also filed as part of the Premium Petition. Will there be any issues on travelling for my wife? Don't know the details of Appearance for Interview and what-if her transfer goes pending. Can she travel as she has a stamped visa?

c) If all goes well and travel, my wife has visa stamped till July'19. Does she need to go Interview as she will have less a week left in her stamped before we are back to US.

Need your advice! Thanks in Advance!
 

[SPV]

Note: Please note that this is not a legal advise but just opinion.

a). Yes, you may travel and your approved H1b & pay stubs, letter from employer (offer letter) should be sufficient for stamping.

b). Your wife also can be traveled though her H4 petition is pending. She better attend an interview with you and get stamped for H4 (as you have your new H1B and she may/will get VISA till your H1B expire date). She can travel back with that stamping, whatever pending I-539 application will be abended.

Or Before  travel she can withdraw her pending I-539 and travel to India and get stamped.

c). Yes, it is advisable to attend for stamping.

[pontevecchio]

1. If you want to travel you will need to get the visa stamp. Assuming the new company is a known company, there should be no issue.

2. Nothing called transfer of H4. Her H4 is being extended as your H1 was being extended.  No concept of withdrawing her H4 EOS.

3. You should both get the appropriate visa stamp as I presume you guys may want to travel in future, take vacations etc.

[h1bguynewbie]

Thanks @SPV and @pontevecchio for your responses!