H1B Transfer and H4B Doubts

[stalinv]

Hi,

I have a valid H1B with an employer A and currently has about 12 payrolls (15 days cycle) and a W-2 as well with Employer A. My wife and kids have the valid H4 Visa stamped last year with Employer A and currently they are abroad, They have not joined me in USA yet. I am planning to bring them to USA, Recently I was looking for other opportunities, I have found one, Now I would like to accept the offer and am changing to employer B (H1B Transfer). My wife passport is expiring in Nov-2017 and I am planning to bring my family in March 2017.

I have below doubts, Can you someone please clarify/guide me on the same.


1.Is it mandatory to apply H4 for my wife and kid at the time of transfering my H1B to employer B.

2.Does My wife and Kid need to get H4 visa stamped visa again because I am switching to a new employer B (currently they have a valid visa until 2018)?

3.Because her passport is expiring in Nov 2017 and I am planning to bring them in March 2017, Can they travel while my H1B petition is pending with USCIS with new employer B, is it safe at Port Of Entry?

4. For ex: if My new employer files the petition and H1B gets approved in premium, Can they come into USA with carrying my new H1B approval copy with employer B? When my new employer files for the H1B petition, should I request my new employer B that H4 petition be filed along with my H1B petition? if so, do they need to attend the Visa again in India.

5. One more complication is, because my wife's passport is expiring in Nov 2017, they have the option of applying for passport renewal in Tatkal and they may get the passport in a week, Given that, should I time it such that my new employer files for my wife's H4 before she enters USA and the new H4 petition has her old and new passport information?


6. Finally Do I need to wait to bring them until i get new I797 and should I wait until I get 1/2 pay stubs with company B.

Can someone please suggest which is the safest option and please provide answers, I really appreciate and thank you in advance.

[raghvi]

Hi,

I have a valid H1B with an employer A and currently has about 12 payrolls (15 days cycle) and a W-2 as well with Employer A. My wife and kids have the valid H4 Visa stamped last year with Employer A and currently they are abroad, They have not joined me in USA yet. I am planning to bring them to USA, Recently I was looking for other opportunities, I have found one, Now I would like to accept the offer and am changing to employer B (H1B Transfer). My wife passport is expiring in Nov-2017 and I am planning to bring my family in March 2017.

I have below doubts, Can you someone please clarify/guide me on the same.


1.Is it mandatory to apply H4 for my wife and kid at the time of transfering my H1B to employer B.

2.Does My wife and Kid need to get H4 visa stamped visa again because I am switching to a new employer B (currently they have a valid visa until 2018)?

3.Because her passport is expiring in Nov 2017 and I am planning to bring them in March 2017, Can they travel while my H1B petition is pending with USCIS with new employer B, is it safe at Port Of Entry?

4. For ex: if My new employer files the petition and H1B gets approved in premium, Can they come into USA with carrying my new H1B approval copy with employer B? When my new employer files for the H1B petition, should I request my new employer B that H4 petition be filed along with my H1B petition? if so, do they need to attend the Visa again in India.

5. One more complication is, because my wife's passport is expiring in Nov 2017, they have the option of applying for passport renewal in Tatkal and they may get the passport in a week, Given that, should I time it such that my new employer files for my wife's H4 before she enters USA and the new H4 petition has her old and new passport information?


6. Finally Do I need to wait to bring them until i get new I797 and should I wait until I get 1/2 pay stubs with company B.

Can someone please suggest which is the safest option and please provide answers, I really appreciate and thank you in advance.

1. No.
2. No.
3. If you would be working with B at the time of their entry into US, then they should have a copy of B's approved I797.
4. Yes. No need for H4 petition.
5. Yes, you can do that. Dont know why you keep saying H4 petition. There is no such thing as H4 petition.
6. I would suggest you join B only after getting B's approved petition in hand, and not merely on the basis of receipt and your family enters US with the copy of the approved petition if entering after you join B.

This is my opinion not legal advice.

[arj]

Hi Stalinv

I am sorry to ask you this question here but has your LCA and H1 transfer process begun? Do you know if there will be any concerns with the process now?
Appreciate your response.

[stalinv]

Hi Stalinv

I am sorry to ask you this question here but has your LCA and H1 transfer process begun? Do you know if there will be any concerns with the process now?
Appreciate your response.

Not yet started. It may start in this week.

[arj]

Not yet started. It may start in this week.

Hi stanlinv

Did you LCA process start ?

Thanks

[arj]

Not yet started. It may start in this week.

hi stalinv

Could you please share if your LCA went through? Mine was filed on 02/02/2017 and its been 7 days. How long did it take to get yours?

[arj]

Hi stalinv

Did you H1B get filed?

[arj]

Hi stalinv

Did your H1B trasfer begin?