Spouse and Kid are Travelling to US on H4 when husband's H1b is on a transfer

[praveent143]

Hello,

My wife and kid are currently in India and they are planning to travel to US soon. They has a valid H4 stamped on her passport; but I recently moved to a new job and my H1B is currently on a transfer [normal processing].
I already started working with the new company after receiving the receipt [I797C].
I have following questions:

1. Is it safe for them to travel now to US when my H1b transfer is going on ?
They are travelling for the first time (So they does not have an SSN).

2. If it is safe what all documents should they carry ?

3. If it is safe. If at the port of entry the officer asks about the details of the current employer and also about I797B(petition) copy of the spouse what should be her answer and what all documents are needed to support that ?

Looking forward to your valuable response and appreciate your time.

[shervin143]

Since you already started working for the new employer, it is advisable that they travel after you receive the H1B transfer approval notice. They need to carry your latest approval notice (copy) when they enter U.S to show at the POE. Showing the old employer's approval notice when you are no longer working for that employer will invite unnecessary trouble. If they show the H1B transfer receipt notice, then the officer might not know until when to issue the I-94. It is better they travel once you have the approval in hand.