H4 Valid Visa Can Enter In USA When H1b Transfer Pending.

[Aktar]

Hi,
My H1B was revoked by company A on April 2014 and now pending status by company B (H1B Transfer). My spouse now in my home country (out of USA) and she never enter in USA though she has valid H4 visa of company A
(valid till September 2014).

Now she wants to enter USA.

Can she enter to US now?

Appreciate your early response.

Thanks.

[raghvi]

Hi,
My H1B was revoked by company A on April 2014 and now pending status by company B (H1B Transfer). My spouse now in my home country (out of USA) and she never enter in USA though she has valid H4 visa of company A
(valid till September 2014).

Now she wants to enter USA.

Can she enter to US now?

Appreciate your early response.

Thanks.

With which employer are you working currently?

[Aktar]

With which employer are you working currently?

Now I am working for company B.

[raghvi]

Now I am working for company B.

Its always risky to join the next employer without getting the H1 I797 approval notice.

Unless she has the approved petition of the employer you are currently working with, its going to be risky for her to travel. Suppose they ask her for the I797 copy what will she say?

Would advise to upgrade the transfer to premium processing in order to get the result quickly so that, if transfer approved, she can travel.

This is my opinion not legal advice.