Traveling to India after H1B transfer

[Benny777]

Hi,

I've currently with employer A thru which I have a valid visa stamping till Sep 30 this year. My H1B

visa transfer is under premium processing with employer B. Assuming that my H1 transfer to employer B will be approved in another one week or so, I have below questions..

1) Can I travel to India in May this year with the visa stamping that I have with Employer A valid until Sep 30, 2013 and return back to the US during mid june OR Do I need to appear for the visa stamping interview again once H1 transfer is approved?

2) I'm planning for a dependent H4 visa interview for my wife around June 1st week . Will she face any issues at the interview since my visa is only valid till Sep 30 this year?

Please suggest.

Thanks much!

[wiweq]

1) Can I travel to India in May this year with the visa stamping that I have with Employer A valid until Sep 30, 2013 and return back to the US during mid june OR Do I need to appear for the visa stamping interview again once H1 transfer is approved?

=> If you have unexpired visa (date-wise), you don't require new stamping.

2) I'm planning for a dependent H4 visa interview for my wife around June 1st week . Will she face any issues at the interview since my visa is only valid till Sep 30 this year?

=> No, her visa duration will depend on the duration of your status, means your I797, not your visa.

[Benny777]

Thanks much for your reply!

Is there a rule that I need to enter the US 90 days prior to my visa stamping expiry date?

[wiweq]

"Is there a rule that I need to enter the US 90 days prior to my visa stamping expiry date? "

=> There is no such rule. If your visa is expiring on Apr 2nd, even you can enter on Apr 1st. Visa is nothing but a document to enter, the duration of your stay is defined by your I94.

[Benny777]

Thanks much wiweq for your reply!

[Benny777]

Hi,

I currently have a visa stamp with my prior employer A and I have H1 transfer approval notice I797 from employer B. when my wife get her dependent visa stamped it will have employer B's name on her passport.

What are the potential questions asked at the port of entry since our passport's has visa stamping with two different employer names? Will there be any potential problem for us while re-entering the US?

Thanks in Advance!