H4 Status Change due to H1B Transfer

[Rahsil]

Hi,

I am currently in US in H1B visa. My Family (wife & kid) holding H4 visa are currently in India. Our Visa validity is till Sep 30, 2012. I am planning to change my job in March. I have few questions in this situation.

(1) If I move to new job after transfering my H1B visa, while my family is in India, what will be the impact on family's H4 visa?

(2) Is it possible for my family to travel to US in May in their H4 visa which is valid till Sep 30,12 (Their visa is with my previous employer and my visa is with new employer)?

(3) Is it possible for me to transfer their H4 with my new employer while family is in india?

What is the best option for me to avoid stamping/other complications?

Can some one provide me some inputs.

Regards

Rahsil

[pontevecchio]

1. None

2. Yes. They need the latest approval for the companmy you are workinmg for.

3. No. H4 is not employer dependent.

[Rahsil]

Thanks for the response.

I got different opinions from folks and majority of the opinions are same as what you provided.

The other opinion is that: Since my H1B status has changed/ I-94 has changed, My dependents in their H4 with previous employer Visa will have to go for Visa stamping with my latest H1b approval notice. Does it make any sence?

[pontevecchio]

It makes no sense and is wrong. H1 status depends on you working for the H1 sponsor and maintaining valid status..getting paid etc. H4 status merely depends on the valid H1 status of the person on H1.

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She will need to present your H1 petition approval for the company you will be working for at that time.

Stop seeking opinions instead of facts. If you have any concerns not answered here please spend some money and get a Lawyer to opine.

On the other hand she may choose to get a new H4 visa stamp now if she wants to to avoid getting the visa during her next trip as the current visa expires in September,2012. Make sure to use PP for your new H1 petition so that your folks will have thjat when they come back.

[Rahsil]

Thank You for the inputs

[pramendra1702]

Hi,

I am having H1B visa from current company, another comany selected me for a position and they will process my H1 transfer. My family is in India and having current company sponsored H4.

This nov. I am planning to bring them here. Do they need to go embassy in India for restamping basis on my H1 transfer approval... Please advise

[alphabeta9@outlook.com]

Hi Richard,

Can you please help me with the below situation.

I have transferred my H1B visa from company A to B. However couple of months back (a few days before transfer was initiatiated) my spouse went to home country.  Now she wants to come back to US.

Please let me know for which options they can travel.

Option 1) H1B Transfer to new employer (B) is in progress Can they travel on previous employer(A) H4 Status.

Option 2) H1B Transfer to new employer (B) is completed Can they travel on previous employer(A) H4 Status (As I have not re-signed, but serving notice period 2 weeks).

Option 3) H1B Transfer to new employer (B) is completed. Can they travel on previous employer(A) H4 Status but carry new copy I-797B (H1B transfer document).

Option 4) H1B Transfer to new employer (B) is completed. Will they have to go for VISA Stamping with employer(B) H4 and then travel.

Regards,

[jairichi]

Hi Richard,

Can you please help me with the below situation.

I have transferred my H1B visa from company A to B. However couple of months back (a few days before transfer was initiatiated) my spouse went to home country.  Now she wants to come back to US.

Please let me know for which options they can travel.

Option 1) H1B Transfer to new employer (B) is in progress Can they travel on previous employer(A) H4 Status.

Option 2) H1B Transfer to new employer (B) is completed Can they travel on previous employer(A) H4 Status (As I have not re-signed, but serving notice period 2 weeks).

Option 3) H1B Transfer to new employer (B) is completed. Can they travel on previous employer(A) H4 Status but carry new copy I-797B (H1B transfer document).

Option 4) H1B Transfer to new employer (B) is completed. Will they have to go for VISA Stamping with employer(B) H4 and then travel.

Regards,

Your spouse can use existing valid H4 visa and a copy of I797 of whichever employer you are currently employed with.