murale Posted January 17, 2020 Report Share Posted January 17, 2020 Hi,I recently moved to new employer and my H1 transfer is still pending. Me and my spouse have valid visa till June(2020) from old employer. Currently my spouse is in India and traveling back to USA during February (2020) with existing H4 from previous employer which is valid till June 2020Can she travel when my visa transfer still in progress?Will she face any issues at Port of entry? What if the immigration authority ask where your husband works( means she should mention old or new employer or say visa transfer is in progress) Thank you Quote Link to comment
User099 Posted January 21, 2020 Report Share Posted January 21, 2020 Is you previous H1 withdrawn? Consulting an attorney will be best. Quote Link to comment
murale Posted January 21, 2020 Author Report Share Posted January 21, 2020 1 hour ago, User099 said: Is you previous H1 withdrawn? Consulting an attorney will be best. I don't think my previous H1 is withdrawn but I'm not 100% sure. Checked with couple of former colleagues even they believe my previous H1 might not be withdrawn. Quote Link to comment
pontevecchio Posted January 21, 2020 Report Share Posted January 21, 2020 She can use her existing visa stamp tp return. But which H1 petition will she show? Obviously showing the old employer H1 petition approval would be fraud and the new approval has not yet come. Maybe convert to PP to get approval sooner. Otherwise, she can only return once your H1 petition is approved. Quote Link to comment
cyberlord Posted January 30, 2020 Report Share Posted January 30, 2020 You can check online for uscis case status by entering your previous H1 petition number to check if it has been revoked. I'm assuming you joined the new employer on H1-B transfer receipt. However, this seems to be straight forward. Your wife can travel on H4 which is valid till June 2020 and has to be honest at POE. If they ask for which employer you are working for, tell that you are working for new employer as it is perfectly legal to start working for new employer on receipt. Quote Link to comment
JoeF Posted January 30, 2020 Report Share Posted January 30, 2020 (edited) On 1/20/2020 at 10:57 PM, murale said: I don't think my previous H1 is withdrawn but I'm not 100% sure. Checked with couple of former colleagues even they believe my previous H1 might not be withdrawn. The old employer by law had to inform USCIS that you no longer work there. That results in revocation of the H1 petition. It is mandatory, so you can not use the old H1 petition. Edited January 30, 2020 by JoeF Quote Link to comment
User099 Posted January 30, 2020 Report Share Posted January 30, 2020 On 1/20/2020 at 11:57 PM, murale said: I don't think my previous H1 is withdrawn but I'm not 100% sure. Checked with couple of former colleagues even they believe my previous H1 might not be withdrawn. Even if its not withdrawn as of now, I will not advice her to travel while the current petition is pending. It will be not correct to tell the office at POE that you still work for previous Employer when you have quit that job. Quote Link to comment
JoeF Posted January 31, 2020 Report Share Posted January 31, 2020 (edited) 22 hours ago, User099 said: Even if its not withdrawn as of now, I will not advice her to travel while the current petition is pending. It will be not correct to tell the office at POE that you still work for previous Employer when you have quit that job. Not only not correct, it would be immigration fraud, a felony. Edited January 31, 2020 by JoeF Quote Link to comment
User099 Posted February 3, 2020 Report Share Posted February 3, 2020 On 1/31/2020 at 1:45 PM, JoeF said: Not only not correct, it would be immigration fraud, a felony. which again is not correct, right? LOL Quote Link to comment
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