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Advise Required on H-4 Visa transfer

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  • Advise Required on H-4 Visa transfer

    Hi All,

    Currently I'm in India while my husband is working in US. I got my H4 visa recently on current company(A) for which my husband works now. But my husband is planning to join new company(B) in 1 to 2 weeks. So if I travel to US after my husband joins new company(B) then:

    1. What are the steps I need to do if my H4 is not transferred with my husband’s H1 to new company(B)?

    2. Will my H4 visa become invalid or am I going to be out of status when I enter US after my husband joins new company(B) ?

    3. Again I have to go for Visa stamping with my husband’s new I-797 documents?

    4. My husband has to ask new company(B) to transfer H4 visa?

    5. Can I travel with my current H4 visa?

    Thanks,
    Rani

  • #2
    Originally posted by Aditya Ranjan View Post
    Hi All,

    Currently I'm in India while my husband is working in US. I got my H4 visa recently on current company(A) for which my husband works now. But my husband is planning to join new company(B) in 1 to 2 weeks. So if I travel to US after my husband joins new company(B) then:

    1. What are the steps I need to do if my H4 is not transferred with my husband’s H1 to new company(B)?

    2. Will my H4 visa become invalid or am I going to be out of status when I enter US after my husband joins new company(B) ?

    3. Again I have to go for Visa stamping with my husband’s new I-797 documents?

    4. My husband has to ask new company(B) to transfer H4 visa?

    5. Can I travel with my current H4 visa?

    Thanks,
    Rani


    Technically there is nothing called a H4 transfer. If your current H4 is valid then you can use it to travel. But the catch is that at the Port of Entry you have to show the I797 Approval notice of the employer with which your spouse is working with, at the time of your entry to US. So the question that you should be asking your spouse, which he in turn should ask the future employer B is when would they be able to provide the I797 approval notice. I would not suggest you travel, after he joins B, unless you have B's approval notice in hand.

    This is my opinion not legal advice.

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