H1B transfer in process, can wife come to US on old H4

[pvn]

Hi

I am planning to transfer my H1B to a new employer after one/two weeks. I need your help on below two scenarios.

1) I want to go to India during Nov 1st week and come back after 2 weeks along with my family. I have valid H1B visa and family have valid H4visa, both the visas are valid till 2012. My question here is can I come back to US when H1B transfer is in process.

2) If I do not go to India, my family will come alone from India on H4. Question here is can they come to US when my Visa transfer is in process? and even if my transfer is approved can they come on the same visa (which is showing my old employer name.

3) After getting my new H1B, do I need to go for stampling if I go to India later.

Thanks in advance for your help

Regards

Pravin

[Subramanya]

I am planning to transfer my H1B to a new employer after one/two weeks. I need your help on below two scenarios.

1) I want to go to India during Nov 1st week and come back after 2 weeks along with my family. I have valid H1B visa and family have valid H4visa, both the visas are valid till 2012. My question here is can I come back to US when H1B transfer is in process.

---- When your H1 transfer is in process, it ia always advisable not to leave the US. Otherwise you will receive a approved H1 petition without a I-94. In that case you have to leave the US once again get the H1 visa stamped on your Passport and then reenter US. Of course there is no question of returning to the US when H1 transfer is in process

2) If I do not go to India, my family will come alone from India on H4. Question here is can they come to US when my Visa transfer is in process? and even if my transfer is approved can they come on the same visa (which is showing my old employer name.

---- Your family can come to the US on their valid H4 visas even if your H1 is in process. It does not matter if the H4 visas are from the old employer

3) After getting my new H1B, do I need to go for stampling if I go to India later.

---- On receiving the new and approved H1B petition there is no need for you to go to India to get a visa stamp, unless if you want to get a visa stamp. However, if you do not receive a I-94 with the approved H1 petition, then you have to go out of US, get the visa stamped and then return to the US

Subramanya

[pvn]

Thank you Subra for your quick reply. It is useful for me.

Last point is not clear for me. After my H1B is transferred to a new employer, when I go to India is it required to go for stamping? (my current visa is valid till May 2012, which is showing my old employer name). I am not interested in going for stamping unless it is mandatory.

Thank you in advance.

[Subramanya]

Last point is not clear for me. After my H1B is transferred to a new employer, when I go to India is it required to go for stamping? (my current visa is valid till May 2012, which is showing my old employer name). I am not interested in going for stamping unless it is mandatory.

---- If you have a valid visa to return to the US, you can return to the US safely. It does not matter to whcih employer it beongs to

---- At the POE show your latest I-797 and get a I-94 till its validity date

subramanya

[djgaurav68]

Hi

Question.

I am currently working for my employer. I have H1b Stamp. My wife has H4 Visa Stamp.

I am taking offer from my new employer and changing my H1b transfer. My wife she is going to india for a month.

Is she can come when my H1B is process of transfer. OR she can come after i will get new H1B approval.

She have valid H4 visa stamp. Is she can travel when H1b is in progress?

Thanks

gaurav