sudhirk Posted January 24, 2013 Report Posted January 24, 2013 I recently got my H1 transferred and joining my new employer next week. My new employer just got my approved H1 papers and he is ready to file a H4 extension for my wife which could take 2 - 3 months. Both me and my wife have our visa stamped from my previous employer until July 2013. Meanwhile, due to an emergency my wife needs to travel India Feb 1st week which means my new employer cannot file her H4 extension now as it will be deemed abandoned if she leaves the country after filing for her H4 extension. How soon should my new employer file for her H4 after I join him? Is there a possibility that my old employer cancels my H1B and she will be out os status. If we decide not to do her H4 now because it takes 2-3 months and travel to India will she need to get her visa stamped. If she doesn't need stamping can she travel back to USA in March with the previous employer stamp which is approved until July 2013. What is the risk at POE assuming she has a valid stamp and my new I797 but NO H4 i.e. I-539 extension. Any suggestions or people faced these situations are appreciable.
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