H1(old) to H1(new) and H4(old) to H1(new)

[vikkuu]

I have H1 Visa from my company and got stamped it in
feb 2006 but till now I did not travel on that. My wife and daughter
both have H4(dependent VISA) stamped on their passports as well.

In this year I as well my wife both applied for H1 from another employer
and got through the random process and got H1(got all paper as well) valid from 01 Oct 2007.
Did not get new stamp on passports yet.

Now My current employer is sending me to US on some project for long term on h1(old).

Now my questions are :

1. Can I travel on current H1(old) with currenct employer and later work on new h1B without stamping. (In US can I change my employer from current to
new one(who has filed my H1 for this year) withput getting stamping means from old H1 of current company to H1 of new company without coming to india.)

2.Can my wife can travel on H4 with me and later in US she can apply for transfer her H4 to H1 without stamping new H1 from India.(though we got all papers)

3. If my wife goes for stamping for new h1b, can h4 will get cancelled? or she can held both VISA and then can travel on H4 and later xansfer to H1 in US.

Please advice what can be the alternate solutions.

Early advice solicited as I may have to visit in first week of Oct
Thanks and Advance

[Subramanya]

H1 and H4 issues

I have H1 Visa from my company and got stamped it in
feb 2006 but till now I did not travel on that. My wife and daughter
both have H4(dependent VISA) stamped on their passports as well.

In this year I as well my wife both applied for H1 from another employer
and got through the random process and got H1(got all paper as well) valid from 01 Oct 2007.
Did not get new stamp on passports yet.

Now My current employer is sending me to US on some project for long term on h1(old).

Now my questions are :

1. Can I travel on current H1(old) with currenct employer and later work on new h1B without stamping. (In US can I change my employer from current to
new one(who has filed my H1 for this year) withput getting stamping means from old H1 of current company to H1 of new company without coming to india.)

---- Yes, you can do that. However, you may have to inform the USCIS with which employer you are working (most of the time this is done by the employer or the IRS)

2.Can my wife can travel on H4 with me and later in US she can apply for transfer her H4 to H1 without stamping new H1 from India.(though we got all papers)

--- She can travel on H4 with you (provided the H4 Visa is valid and unexpired). She may be able to transfer to H1, but this process will take a long time (as it is not the same as a COS within the US)

3. If my wife goes for stamping for new h1b, can h4 will get cancelled? or she can held both VISA and then can travel on H4 and later xansfer to H1 in US.

---- Her H4 will beome invalid once she gets her H1 (most of the time). If the H4 is not cancelled she can travel to US on H4. But as written above transfer to H1 may take a long time

---- If your wife wants to be on H1, she has to get a H1 Visa stamp overseas at a US Consulate. That will be the only way to get a I-94 valid for H1 and then the SSN for work authorization

Subramanya

[vikkuu]

Thanks Subramanya for the infromation.

Can you please tell how long (approx.) it would take to transfer from H4 to H1 ?

Thanks in advance.
Vivek

[waitin_toolong]

it would take as long as it would take to go out of the country to India/Mexico/Canada to get a stamp.

If you apply for COS then anywhwhere between 3-9 months, and she cannot start work till it is approved.