H1B Transfer!!

[itsvtk]

Hello,

I am planning to transfer my H1B visa from X company to Y company in mid of Oct 2006.

Q1) Do I get new I-797 and I-129 forms for this transfer?

My wife is going for H4 visa stamping to chennai consulate on Nov 20th. I want to join in new company after my wife gets the H4 visa.

Q2) For H4 interview, Should my wife take old and new I-797 and I-129 forms to the consulate? or Are only old forms enough?

Q3) If my wife needs to take old and new forms for the interview, What questions will be asked in the interview? And how to give proper answers?


Thanks in advance,
itsvtk

[Subramanya]

Visa stamping

I am planning to transfer my H1B visa from X company to Y company in mid of Oct 2006.

Q1) Do I get new I-797 and I-129 forms for this transfer?

---- YES, you will get a new and fresh I-797 (H1 approval notice) from USCIS. I-129 is the form used as an application to be sent to USCIS

My wife is going for H4 visa stamping to chennai consulate on Nov 20th. I want to join in new company after my wife gets the H4 visa.

Q2) For H4 interview, Should my wife take old and new I-797 and I-129 forms to the consulate? or Are only old forms enough?

---- You are applying for your H1 transfer in mid Oct. (as per your post). Unless it is premium processing you will not get your new and fresh I-797 before Nov. 20. (no guarantees on this but you will be pretty close)

Your wife will have to take only the old I-797 of your H1 and if necessary the old I-129 forms to the US consulate for H4 Visa stamping interview

Q3) If my wife needs to take old and new forms for the interview, What questions will be asked in the interview? And how to give proper answers?

---- As written above no new I-797 can be taken unless you get it and send your wife a copy before she goes for the visa interview on Nov. 20

---- Questions, just browse the posts and forums

Subramanya

[itsvtk]

H1 Tranfer!!

Hello Subramanya,

Thanks for your prompt reply.

My new employer is going for premium processing in Oct. So I may get the new forms by end of oct. But I will join in new job after my wife gets the visa. Till that time, i will continue with the old employer.

If I send the old forms (I-797), is there any chance the consulate people will find out that I transfer my H1 visa?


I came to US in June 2006. I have only 3 pay stubs. My only concerned is, Is there any chance of query on my wife visa, if I have new forms before Nov 20?

Waiting for your valuable reply...

Thanks in advance,
itsvtk

[Subramanya]

H4 Visa Stamping

Thanks for your prompt reply.

My new employer is going for premium processing in Oct. So I may get the new forms by end of oct. But I will join in new job after my wife gets the visa. Till that time, i will continue with the old employer.

If I send the old forms (I-797), is there any chance the consulate people will find out that I transfer my H1 visa?

---- They may not find it out directly, but on inquiry with your wife at the time of interview it is possible

I came to US in June 2006. I have only 3 pay stubs. My only concerned is, Is there any chance of query on my wife visa, if I have new forms before Nov 20?

---- Number of pay stubs do not matter for a H4 visa as long as they are continuous and there is no break. If there is a break then you (or your wife) may have to explain. The issue is when that explanation is not convincing or not coming through form the person getting interviewed the VOs start thinking about 221g

---- If you have come in June 2006 and assuming your SSN took 4 weeks and you started getting paid from July, you should have pay stubs for Aug and Sept. (again assuming 2 pay stubs a month) you should have about 8 pay stubs by Nov.20th as you are saying that you are going to join your new employer in about Dec. 06. This is my assumption, however, you are a better judge of your situation

Subramanya