H4 Travel for my wife while my H1 Transfer is pending

[charlesjoseph]

Hi Murthy Law Firm,

 

H1B with my current employer (Employer A) is expiring at the end of August 2014 and my new employer (Employer B) has filed for H1B transfer under premium processing (Also submitted H4 petition for my wife as well). I am still working for Employer A. Meanwhile, We have got an RFE and my new employer is working with the attorney to respond to the RFE.

 

We are having a family emergency and my wife needs to travel to India.

 

(1) If she travels to India with my H1B transfer petition is still pending, will that result in another RFE since her H4 petition is also involved and she travelled out of US?

 

(2) If (1) is not an issue and my H1B got extended through Employer B, my understanding is that she has to use my I-797 (Employer B) and get the visa stamped and come back to US. Is my understanding correct?

 

Since she has to travel next week, please send me your valuable responses.

 

Thanks,

Charles

 

 

[jairichi]

1. No issue.

2. If her current H4 visa is valid then she can travel using that and a copy of your new I797. No need for new stamping just for change in employer.