H4 Transfer with new employer

[atulrsingh]

Hello Team,

I am planning to switch from company A to company B, but my spouse & kids are travelling back to India during the H4 transfer process.
She has signed the I-539 and other documents. Will her travel effect the transfer process?

Will she need re-stamping while entering US even though her existing stamping with company A is valid till 2017?

Thanks
Atul

[shervin143]

I am planning to switch from company A to company B, but my spouse & kids are travelling back to India during the H4 transfer process.
She has signed the I-539 and other documents. Will her travel effect the transfer process?
>>> If they are travelling out, then there is no need to file form I-539. It is just useless and waste of money. Let them travel and while returning back, they can show your latest transferred H1B approval notice to a the I-94 matching the new petition expiry date.

Will she need re-stamping while entering US even though her existing stamping with company A is valid till 2017?
>>> Not required. She can use the old visa stamp with your latest h1B approval notice to re-enter.