h4 (h1b transfer in process)

[neeta9]

My spouse is on valid h1b till April 20, 2014.

I need to go to India and apply for h4 visa in Dec 2013. So I will have h4 stamping till April 20, 2014. 

 

His company will file for his h1b extension in Jan 2014 under regular processing.

 

1. Do I need to have his new 797 extension approval in hand if I travel back to US in March 2014? His h1 extension would be under processing but he already has a valid visa and stamping till April 20, 2014.

 

2. Will they stop me at the US Port of Entry even though I have a valid stamp till April but do not have the new 797 ext approval since it would be under processing? Is receipt not enough?

 

3. Meanwhile my spouse has another offer from company B and they might file for his h1b transfer immediately under Premium Processing. Can I attend h4 visa at the same time in India while his h1b transfer is about to start or started?

 

4. Can I get h4 stamping in India immediately and travel back in march using his old 797 which is valid until April 20, 2014. He would mostly get his new h1 transfer approval in 3-4 weeks from now.

 

5. When is the best time go for h1 visa and stamping between now and march under 2 cases: case1: he is with the same company and they file for his h1 extension in Jan 14 under regular processing

 

case 2: He moves to a new company and they file for his h1b transfer+extension (I-140 approved) under premium processing.

 

PLease advice.

[pontevecchio]

1. No. But the H4 I94 will only be till April,20. Once you arrive you can file a H4 extension based on your husbands pending H1 extension. You can tell the VO if asked that you will be filing a status extension.

2. See 1.

3. Since PP takes a short time then wait for the result with B and then go for the visa.

4. see 1.

5. No best time. It depends.