Wife travelling on H4 and H1B is in transfer

[yellowjacket2]

I am in the following 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 in the country.

 

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. 

[jairichi]

I am in the following 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 in the country.

 

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. 

Yes, she can travel with old unexpired H4 visa. But, she would need a copy of your new employer's I797 to enter US. So, she cannot travel till you get approval.

[pontevecchio]

Have you not left it a bit late? she needs your approved H1 petition to come back. The old one is not applicable.