H1b transfer - H4 filled H1

[Helpful hands]

I am on H1b visa. Company A was close on May 15 and today May 28 company B is going to file my H1b transfer. My wife is on H4 and has filled H1b first time on April 1, 2014.

 

If I receive I-797 without I-94,

 

1. I have to go back to India and face visa interview or I can visit Canada/Mexico and enter to US?

 

2. If we both visit India but my wife has pending H1b, she can enter on H4 or she has to wait till her H1b decision? On H1b transfer we haven't mention her name.

 

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H1b & H4 valid till 2015

 

May 15: Company A Close

May 15: Company B Filled LCA

May 28: Filled H1b transfer

 

Thanks

[jairichi]

I am on H1b visa. Company A was close on May 15 and today May 28 company B is going to file my H1b transfer. My wife is on H4 and has filled H1b first time on April 1, 2014.

 

If I receive I-797 without I-94,

 

1. I have to go back to India and face visa interview or I can visit Canada/Mexico and enter to US?

 

2. If we both visit India but my wife has pending H1b, she can enter on H4 or she has to wait till her H1b decision? On H1b transfer we haven't mention her name.

 

----------------------------------------

 

H1b & H4 valid till 2015

 

May 15: Company A Close

May 15: Company B Filled LCA

May 28: Filled H1b transfer

 

Thanks

1. If you have a H1B visa stamped in your passport you can go to Mexico. Always it is better to go to home country.

2. She can enter on H4. But, if she travel before her H1B approval then her COS part of her H1B petition is considered abandoned. She would have to exit and enter US with a valid H1B visa and I797 to start working from Oct 1st on H1B status.

[Helpful hands]

2. She can enter on H4. But, if she travel before her H1B approval then her COS part of her H1B petition is considered abandoned. She would have to exit and enter US with a valid H1B visa and I797 to start working from Oct 1st on H1B status.

 

I am confuse its before or after?

 

If we travel in end of June for consular process and her H1b is in initial review or RFE. She can enter on H4 visa with me?

[jairichi]

2. She can enter on H4. But, if she travel before her H1B approval then her COS part of her H1B petition is considered abandoned. She would have to exit and enter US with a valid H1B visa and I797 to start working from Oct 1st on H1B status.

 

I am confuse its before or after?

 

If we travel in end of June for consular process and her H1b is in initial review or RFE. She can enter on H4 visa with me?

If she travels outside US before H1B approval then her COS from H4 to H1B portion of her H1B petition is considered abandoned. She can enter US on valid H4 visa. But, to move to H1B status by Oct 1st she has to exit US and enter with a valid H1B visa and I797.