H4 leaving country while H1B under transfer

[Sivaraman]

My husband has changed employer and his H1B  is  under transfer process. I have a H4 valid till 2014 with his old employer  name on the visa stamp. But my husbands new employer has applied for my H4 transfer as well . I have the following concerns :

1) Can travel to india while my H4 is under transfer?

2) Do I need to get stamping from the US consultate in India since my husbands company has changed but my H4 (valid 2014) shows his old employer. Will this be a problem at port of entry?

 

My travel date in next 2 weeks. It will be really helpfull if you answer my concerns. Thank You

[pontevecchio]

The existing H4 visa is valid. The problem is you need the H1 petition approval from the new employer for you to return.

[viva2020]

Travel outside the country is usually discouraged during visa transfer process. If it is extremely urgent, then you would be better off consulting with the attorneys handling your husband's via transfer, otherwise it would be prudent to wait until transfer is approved.

As far as entering the country on a previous employer visa if it has not yet expired is something I have done on an H1B - I am not sure if it applies to H4.

I had a valid visa stamp for H1 for my previous employer, then I changed employers, and went to Canada and came back using the visa stamp that was under my previous employer because that visa stamp was still valid and not expired.

However this rule may or may not be known to the agent handling your papers at immigration. My attorney provided me with a letter addressed to the immigration people, that stated the law that allows this and also information on where to find that law according to some number/lookup.  The border agent initially said he would not be able to admit me because the company names on my visa and H1B were different, then I showed him my attorney's letter and he went to his computer and looked it up and said I was right and then admitted me.

So for reentry on previously stamped visa as well, it is better to consult the attorney and get a letter that references the lawYou do not want be stranded or sent back during your return travel.

[pontevecchio]

Firstly it is not a visa transfer. The spouses H1 petition is being considered. The Op can come back on her H4 visa after her spouse gets his H1 petition approved. YOU CANNOT BE SENT BACK if you have a H4 visa and the approved H1 petition.

[yellowjacket2]

I am also in kind of a similar situation. 

 

My wife was out of states, when h1b transfer was filed. my new employer didn't file my wife's h4 transfer, he said, we will do it once she's here.

 

Now, my H1b petition is still pending. I have the acknowledgement receipt. My new employer started running my payroll already but my old H1b is still active,

 

My wife wants to travel on existing H4, which is not expired.

 

First of all, Is it possible, that she can travel on the old H4??

 

Would she be asked for my employer at the POE?

 

I consulted an attorney and the attorney said, she needs to explain the case to the immigration officer well and there shouldn't be any problem. I am really stressed out as her flight is booked for tomorrow. 

[viva2020]

Yellowjacket, You will have to follow the attorney's advice. You can also ask her for a letter on the attorney office letterhead explaining the situation.