Urgent : H4 Visa transfer on H1B transfer

[krishna612]

My wife has got her H4 Visa stamped on Feb 2014 and has validity till April 2015, but she couldn't travel with me to US as she had to complete her studies.

After reaching back at US, I switched my Company A(H1B valid till April 2015) and got my H1 transferred to Company B(H1B valid till Feb 2017).

Company B didn't apply for H4 transfer during my visa transfer.

I am planning to bring my wife to US by September 2014. Am confused on few things.

Is it required to do a H4 transfer or re stamping for her?
Will there be any issues at POE as she has never traveled to US before and she doesn't have a I-94?
In case required, what kind of form should be submitted for H4 transfer and how can i schedule an interview for her along with my new visa stamping?
I have heard about I-539 form but not sure about how useful it is, can some one please throw their insights?

I have seen few threads on the same but was not much clear, should I get in touch with any attorney on the same and if so from where can I get advice? am in bay area.

Please help as am traveling by mid Aug 2014 and planning to return by late sept 2014 ..

Thanks a lot.

[raghvi]

My wife has got her H4 Visa stamped on Feb 2014 and has validity till April 2015, but she couldn't travel with me to US as she had to complete her studies.

After reaching back at US, I switched my Company A(H1B valid till April 2015) and got my H1 transferred to Company B(H1B valid till Feb 2017).

Company B didn't apply for H4 transfer during my visa transfer.

I am planning to bring my wife to US by September 2014. Am confused on few things.

Is it required to do a H4 transfer or re stamping for her?
Will there be any issues at POE as she has never traveled to US before and she doesn't have a I-94?
In case required, what kind of form should be submitted for H4 transfer and how can i schedule an interview for her along with my new visa stamping?
I have heard about I-539 form but not sure about how useful it is, can some one please throw their insights?

I have seen few threads on the same but was not much clear, should I get in touch with any attorney on the same and if so from where can I get advice? am in bay area.

Please help as am traveling by mid Aug 2014 and planning to return by late sept 2014 ..

Thanks a lot.

There is nothing called a H4 transfer. No need of any attorney or any form submission. She has a H4 till April 2015 and that is fine for her to travel with you in Sept 2014. I dont see any issues.

What may happen is that she gets a I-94 only till April 2015, if that happens, once in US, you can apply for extension of her stay using for I539.

This is my opinion not legal advice.

[krishna612]

There is nothing called a H4 transfer. No need of any attorney or any form submission. She has a H4 till April 2015 and that is fine for her to travel with you in Sept 2014. I dont see any issues.

What may happen is that she gets a I-94 only till April 2015, if that happens, once in US, you can apply for extension of her stay using for I539.

This is my opinion not legal advice.

Thanks a lot raghvi. Appreciate your quick response.

Just out of my curiosity am asking these questions below, mostly I would be returning as per your suggestion.

How risky is the H4 extension, can there be denial on the petition?
What would be the procedures to get H4 stamped with expiry as Feb 2017? (I mean other than the option of filing an extension)

If I am going to get my visa stamped with new petition, can I accompany her as well and get the H4 visa stamping done as well?
In that case what are the documentation required?

I understand, visa interview is always risky but just for confirmation, how risky is it for her to attend the Interview for new H4? i.e. because she has not traveled on her old H4?

Is it advisable to take the interview(h1 transfer and h4)?

Thanks again. Thanks.

[raghvi]

Thanks a lot raghvi. Appreciate your quick response.

Just out of my curiosity am asking these questions below, mostly I would be returning as per your suggestion.

How risky is the H4 extension, can there be denial on the petition?
What would be the procedures to get H4 stamped with expiry as Feb 2017? (I mean other than the option of filing an extension)

If I am going to get my visa stamped with new petition, can I accompany her as well and get the H4 visa stamping done as well?
In that case what are the documentation required?

I understand, visa interview is always risky but just for confirmation, how risky is it for her to attend the Interview for new H4? i.e. because she has not traveled on her old H4?

Is it advisable to take the interview(h1 transfer and h4)?

Thanks again. Thanks.

Rarely would a H1 petition be denied based on H4.
As for getting H4 stamped with date of 2017, she can attend an H4 stamping with or without you for the same.

I would suggest you too to go ahead and get the stamping done if the intention is to get visa till 2017. If you are confident of your employer, and do not have any layers in between you and end client then I dont see any reason to worry for going ahead with H1 and H4 visa interviews.

This is my opinion not legal advice.