Somanath Posted March 28, 2013 Report Share Posted March 28, 2013 I am currently working in fortune 300 firm in the Corporate finance division. I recently got an offer from a Fortune 50 firm and they want to initiate my H1b transfer. In the meanwhile my wife got her visa approval on my current employer papers on March 25th 2013. She is planinng to travel to US on April 19th where my new employer would have already filed the transfer . So my question is 1. WIll my wife have any problems in POE? She has a valid visa and all the papers from my current H1b and by the time she comes to US I will still be working with my current employer 2. Let's say she comes in without issue her I-94 would be valid till the validity of my current visa - How do i get her visa extended to the validity of the new H1b from the new company? 3. Finally - my new employer is suggesting that I join them once the petition is filed and not when it is approved. Do you think that is wise or Should i wait for the approval and will it create any gaps in my employement or any out of status etc? Please help me in the above queries. Thanks, Somanath Link to comment
omshiv Posted March 28, 2013 Report Share Posted March 28, 2013 your wife can travel on your old employer's stamped visa petition....no issues in that. also once you receive the receipt..you can start working with the new employer..no need to wait until approval. Link to comment
pontevecchio Posted March 28, 2013 Report Share Posted March 28, 2013 She will get an I94 based on the H1 petition approval date for the employer you will be working for when she enters. Depending on when the current H1 petition is expiring you can file I539 to extend her H4 status appropriately. Link to comment
apulsar Posted April 7, 2013 Report Share Posted April 7, 2013 please help me with a similar situation... my wife is in US with H4 stamp will 2015 on my old employers H1b, but I changed employer and had to go to India (myself) on emergency and got new visa stamped with new employer. but my wife came to india later and could not attend visa interview (for my new employer) due to time constraints. when we go back, would she have any problems at POE? she has visa stamp will 2015 but my current visa is under different employer. please help me as sson as possible as we have to travel back in 2 weeks. thanks a lot in advance. Link to comment
omshiv Posted April 9, 2013 Report Share Posted April 9, 2013 your wife will have no issues..if possible carry your new petition. Link to comment
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