H1b transfer and H4 issue

[mandavatk]

I have a valid H1B visa and my spouse on my H4 with validity till Sep 2013 . Now I have to switch my employer. My spouse is in India on a vacation and she will return on Dec 04. So what are my options now?

Please clarify these questions. Thanks in advance.

1. If my new employer applies for a transfer of petition while she is in India, do we have to process her H4 simultaneously? with she in India how will this work?

2. She already has H4 stamped till 2013 on my current H1B. Does she required visa stamping since I get new H1B petition after transfer? I am looking at option of avoiding for her to go for visa stamping?

3. In case I apply now and for some reason petition approval gets delayed beyond Dec 4 her travel date, while returning at port of entry will she have any problem? will it be better to wait until she returns to US and them apply for H1B transfer?

Thanks

[pontevecchio]

As long as she has a facially valid H4 visa and you work for ANY employer in valid H1 status she can return.