H4 Pending

[krishnat]

Hey guys - I would like to get some advice, in my scenario.

We currently have H1 + H4 Visas stamped, valid until Mid 2020 from Employer A.

We filled H1 Transfer + H4 Transfers  (to Employer B) for Wife and Child together in Premium. My H1B Transfer has been approved. My Wife and Child H4 Transfer, we received the receipts yesterday. Lawyers said, to expect Bio-Metrics appointment letter sometime this week. Also, I have been informed that the appointment would be 2-3 weeks away. I will be joining Employer B next week.

Now, the situation is - we have to travel abroad around mid-November, for a Family Event. I  have been informed, USCIS decisions have been inconsistent. They may or may not approved the H4 Transfers - as we have left the country before a decision could be made. However, if we leave after getting Bio-Metrics Appointment Letter and before giving Bio-Metrics. The H4 Transfers would most definitely be denied.

My Questions:

1. I would like to know, if anyone has traveled out of the country, while H4 Transfer is in process, after having given Bio-Metrics? Was it approved?

2. Assume its approved, while we are abroad. And the Lawyers fedex the original I-797 for H4 Transfer to India. Can we use the approved I-797 + Current Valid US Visas to re-enter?

3. Assuming the H4 Transfer are either denied or are still in process. Can we enter US, using my H1B Approval I-797 + Current Valid US Visas to re-enter?

4. Is it safest, to just go for H1B + H4 Visa Stamping while we are in India?

 

[shekar11#]

19 hours ago, krishnat said:

Hey guys - I would like to get some advice, in my scenario.

We currently have H1 + H4 Visas stamped, valid until Mid 2020 from Employer A.

We filled H1 Transfer + H4 Transfers  (to Employer B) for Wife and Child together in Premium. My H1B Transfer has been approved. My Wife and Child H4 Transfer, we received the receipts yesterday. Lawyers said, to expect Bio-Metrics appointment letter sometime this week. Also, I have been informed that the appointment would be 2-3 weeks away. I will be joining Employer B next week.

Now, the situation is - we have to travel abroad around mid-November, for a Family Event. I  have been informed, USCIS decisions have been inconsistent. They may or may not approved the H4 Transfers - as we have left the country before a decision could be made. However, if we leave after getting Bio-Metrics Appointment Letter and before giving Bio-Metrics. The H4 Transfers would most definitely be denied.

My Questions:

1. I would like to know, if anyone has traveled out of the country, while H4 Transfer is in process, after having given Bio-Metrics? Was it approved?

2. Assume its approved, while we are abroad. And the Lawyers fedex the original I-797 for H4 Transfer to India. Can we use the approved I-797 + Current Valid US Visas to re-enter?

3. Assuming the H4 Transfer are either denied or are still in process. Can we enter US, using my H1B Approval I-797 + Current Valid US Visas to re-enter?

4. Is it safest, to just go for H1B + H4 Visa Stamping while we are in India?

 

1. Lot of people did that in this forum.

2. You don't need your wife and kids approved H-4 I-797. You can just show their current visa and your approved I-797 for entering.

3. Yes, you can do that.

4. You have that option too. If you can the best thing is to go for H-1 and H-4 visa stamping using your I-797.

[User099]

In your case processing of your I-539 will not stop even if you are not in the country.

To reenter,  H1B Approval I-797 + Current Valid US Visas for H4 is good enough.