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Hello everyone,
I am caught in a strange situation and need your advice in order to take the next steps.
My situation:
I was laid of by my company in August end and they have kept me on payroll til 28th oct 2018. My wife went to India for L-1b stamping but got denied. Her h-4 visa stamp is expired so in order to come back she needs the stamp. She was working in another state with H-4 EAD. I have found a new employer and they are working on my H-1B transfer right now and they plan to file it by the end of next week.
There are conflicting ideas that I have got from two separate attorneys
1. My wife's employer suggested to schedule a H-4 visa interview appointment asap and preferably before 28th oct so I can use the same I-797
2. My new employer's attorney said that I should wait for them to file for the extension and take the filing receipt, H-1b transfer petition and then send my wife for stamping along with old I-797
Based on this I wanted to know what I could do to bring my wife back. Visa transfers are taking long time and she maybe stuck in India for more than 6-8 months which I am trying to avoid.
You inputs are appreciated
Thank you
I am caught in a strange situation and need your advice in order to take the next steps.
My situation:
I was laid of by my company in August end and they have kept me on payroll til 28th oct 2018. My wife went to India for L-1b stamping but got denied. Her h-4 visa stamp is expired so in order to come back she needs the stamp. She was working in another state with H-4 EAD. I have found a new employer and they are working on my H-1B transfer right now and they plan to file it by the end of next week.
There are conflicting ideas that I have got from two separate attorneys
1. My wife's employer suggested to schedule a H-4 visa interview appointment asap and preferably before 28th oct so I can use the same I-797
2. My new employer's attorney said that I should wait for them to file for the extension and take the filing receipt, H-1b transfer petition and then send my wife for stamping along with old I-797
Based on this I wanted to know what I could do to bring my wife back. Visa transfers are taking long time and she maybe stuck in India for more than 6-8 months which I am trying to avoid.
You inputs are appreciated
Thank you
