Can my wife travel back to US when my H1 transfer is in progress?

[h1b.123]

Hi, My wife has a H4 stamping valid till Feb 2015 and she went to India for vacation and she would travel back to US by Dec 25 2014. Most probably I would be applying for H1 transfer to other company by Nov 24 2014. Can my wife still travel back to US with the existing valid stamped H4 visa in her passport while my transfer would either be in processing state or could be in approved state if I apply H1 transfer on Nov 24.

[raghvi]

Hi, My wife has a H4 stamping valid till Feb 2015 and she went to India for vacation and she would travel back to US by Dec 25 2014. Most probably I would be applying for H1 transfer to other company by Nov 24 2014. Can my wife still travel back to US with the existing valid stamped H4 visa in her passport while my transfer would either be in processing state or could be in approved state if I apply H1 transfer on Nov 24.

As long as your spouse has your approved petition copy of the employer you are working with at the time of her entry to US it is fine.

This is my opinion not legal advice.

[h1b.123]

As long as your spouse has your approved petition copy of the employer you are working with at the time of her entry to US it is fine.

This is my opinion not legal advice.

Hi Raghi, Thanks for your reply. What if my H1 transfer petition is in processing state when she enters US? Even though she has a valid visa in her passport which is tied to my H1 which I got from my previous employer, will there be any issue?

[raghvi]

With which employer would you be working with at the time of her entry into US? She needs to carry the approved petition of that employer at that time.

This is my opinion not legal advice.