H1 transfer and its effect on H4 and re-entry to USA?

[bbhatt]

Hi

One more question: Currently my wife is out in India (H4), and has an appt setup with consulate for restamping, and is then planning to return.

1) In the meantime - If I transfer my H1B here to another employer, does her current H4 stands invalid?
2) Would I have to file a new H4 for her?
3) Should she carry the H1B approval receipt from my old employer or the new employer with her to the consulate interview?

Thanks.

[broadersoftware]

1) In the meantime - If I transfer my H1B here to another employer, does her current H4 stands invalid?

NO.YOU ARE SPONSORING HERE H4. AS LONG AS YOUR H1 IS VALID HERE H4 IS GOOD.IRRESPECTIVE OF EMPLOYERS.


2) Would I have to file a new H4 for her?

YES. YOU MAY DO SO AFTER SHE COMES TO THE US. WATCH HER APPOINTMENT DATES AND FILING NEW H1 FOR YOU.

3) Should she carry the H1B approval receipt from my old employer or the new employer with her to the consulate interview?

NEW, IN MOST CASES AS YOU WILL HAVE PAY STUBS FROM THE NEW EMPLOYER. THEY WILL ISSUE VISA BASED ON YOUR NEW H1. WHEN SHE IS OUT OF COUNTRY SHE MAY NOT NEED HER H4 (I797) APPROVAL NOTICE.

This is not a legal advise. You may use at your own risk.