H1 transfer and H4 travel


maverickml

Recommended Posts

Hi

Am in US since March 2013 and associated with Employer A. My H1 is valid till Sep 2015. My wife got her visa stamped with my Employer A-H1 and joining me on Nov 4 2013 and i have booked the tickets. Now i got a good opportunity with a new Employer B. If i switch to employer B, the H1 will have to be transferred a new LCA needs to be applied.

How will my change to Employer B affect my spouse travel? Please note she is travelling for the first time with 2 yr old kid. How will my H1 trasnfer affect her? Please advice. Am not sure what to do

Can she travel with new Employer docs? Please suggest. Waiting for answers

Link to comment

Hi

Am in US since March 2013 and associated with Employer A. My H1 is valid till Sep 2015. My wife got her visa stamped with my Employer A-H1 and joining me on Nov 4 2013 and i have booked the tickets. Now i got a good opportunity with a new Employer B. If i switch to employer B, the H1 will have to be transferred a new LCA needs to be applied.

How will my change to Employer B affect my spouse travel? Please note she is travelling for the first time with 2 yr old kid. How will my H1 trasnfer affect her? Please advice. Am not sure what to do

Can she travel with new Employer docs? Please suggest. Waiting for answers

There should not be any problem. She can travel with the unexpired H4 visa and have to show at POE a copy of your I797 approval notice with employer B. If by the time of travel you are still working with your employer A then a copy of that I797 has to be shown at POE.

Link to comment

Dear All,

 

I am an Indian citizen on an H1-B visa. My wife is a Canadian citizen. I had filed for my Visa extension on 5/7 and did not receive my extension yet (10/15) . My wife being a Canadian citizen had gone to Canada to visit family. On her way back, she was stopped at the border and was with held saying she can't enter USA since she is staying here in US on an H4 status and my H1 petition is pending.

 

Was this valid on part of CBP to do that. What are my options beside filing for the H1 extension on premium.

Link to comment

The immigration dept in most companies are manned by nincompoops ( ah I loved writing those words). They are manned by $0.02 lawyers who just know how to fill forms and anything else is a lawyers job. Will talk to my lawyer next week. Only option seems to be file a PP for my H1-B. 

 

Actually, the CBP was very apologetic, they said they understand the dilemma since she is Canadian. E

 

Actually she does not need to even stamp her passport for visa or even get my approved I-797. The CBP can look up my case number and if was approved they would have given her a stamped I-94. 

Link to comment

Archived

This topic is now archived and is closed to further replies.