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First time travel of dependents on Ex-Employer's H4 visa. Current H1B is in transfer

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  • First time travel of dependents on Ex-Employer's H4 visa. Current H1B is in transfer

    My wife and daughter will be joining me after a week time in USA and they will be first time traveling to USA.I was working for the XYZ company and they sponsored my H1B visa and help me in filing the H4 for my family. Recently I have switched my job to ABC company and they have filed my H1B transfer petition and it is in progress. Since decision on my H1B application is pending so my dependents will be traveling on my Ex -Employer's H4 visa(valid until Sep 2018). I would like to know what all documents I need to provide to my wife and kid and at the port of entry so that their entry in USA is hassle free. Are they allowed to travel or not?

    I will appreciate if group can reply with their expert comments ASAP as I am left with very less number of days.

  • #2
    Originally posted by Kapil Satija View Post
    My wife and daughter will be joining me after a week time in USA and they will be first time traveling to USA.I was working for the XYZ company and they sponsored my H1B visa and help me in filing the H4 for my family. Recently I have switched my job to ABC company and they have filed my H1B transfer petition and it is in progress. Since decision on my H1B application is pending so my dependents will be traveling on my Ex -Employer's H4 visa(valid until Sep 2018). I would like to know what all documents I need to provide to my wife and kid and at the port of entry so that their entry in USA is hassle free. Are they allowed to travel or not?

    I will appreciate if group can reply with their expert comments ASAP as I am left with very less number of days.
    I would not suggest they travel without you first getting your petition approved for work with current employer.

    This is my opinion, not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      I would not suggest they travel without you first getting your petition approved for work with current employer.

      This is my opinion, not legal advice.

      Thanks a lot for the quick response. I checked with my existing organization around 2 months before they mentioned they can travel provided you support them by providing the additional documents like:-
      1) My Ex-Employer's approved I797
      2) USCIS receipt notice for the current employer.
      3) Latest Pay Stubs
      4) My last year income tax returns etc.

      I do not understand why they are not allowed when I can work in USA simply by getting the receipt notice then why they should not be allowed on ex employer's valid H4 visa. Decision on H1 in standard processing does not come in 1-2 months it takes around 8-10 months, if decision on my transfer is negative then we all can go back. This is my thought process but do you have any link where I can get the clear idea what the new rules states regarding the H4 travel.

      Comment


      • #4
        They should be good to travel

        Originally posted by Kapil Satija View Post
        My wife and daughter will be joining me after a week time in USA and they will be first time traveling to USA.I was working for the XYZ company and they sponsored my H1B visa and help me in filing the H4 for my family. Recently I have switched my job to ABC company and they have filed my H1B transfer petition and it is in progress. Since decision on my H1B application is pending so my dependents will be traveling on my Ex -Employer's H4 visa(valid until Sep 2018). I would like to know what all documents I need to provide to my wife and kid and at the port of entry so that their entry in USA is hassle free. Are they allowed to travel or not?

        I will appreciate if group can reply with their expert comments ASAP as I am left with very less number of days.
        As the H4 doesn't have any transfer I do not see any issue of their travelling with existing Valid visa, along with supporting documents of financial support, invitation letter etc.
        They should be good to travel

        Comment

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