Urgent - H1B transfrd, H4 not transfrd, Travelling to India

[jigs_r]

Hello Gurus,
I have my H1b transferred from Employer A to B 1 yr back and old stamped visa is valid till Sep 09 in my passport. I got my new I-797. My wife's passport is also stamped with old visa and valid till Sep 09. As per my new employer B's suggestion, I didn't transfer my wife's H4 and now she wants to go back to india for a month. She has her old H4B visa valid till Sep 09. I know that she can go and come back
BUT

1) while coming, at the port of entry, if she will be asked her husband's (My current emp) current employer then what she has to answer?

2) what are the docuemnts required at the port of entry while coming?
Couple of my friends are suggesting that she should say that her husband is still working with Emp A (old employer) because her H4 is not transferred and she doesnt have any proof of VISA or new H4b petition.

Some ppl are suggesting that she should say that her husband is working with Emp B and inform that we will transfer H4 after she will be intered into USA. She can show my new I-797, my all paystubs from emp B and W2 from emp B etc...

Pls suggest me quick as I have to take some decision very soon...

Thanks,
Jiggi.

[txh1b]

Did you read the FAQs? Visa could be for any company and you can still enter using that as long as the status is the same.

1. Think truth. There is nothing to hide.
2. Stay away from these friends. In addition to misguiding you, they will get you deported for lying to immigration.

There is nothing to hide and one can enter using old visa and new I797 from the new company.

BTW, H4 need not be transfered. As long as H4 i-94 is valid, they can remain as a dependent of H1b.

[jigs_r]

Thank you for your response. even i was also thinking the same. Could you please let me know what are all the docs she might be asked to present at the POE (Port of Entry)? As a safety, I will provide her with following docs.

Copy of Husband's I 797, I-129, LCA, W-2, last 6 month's paystub, appointment letter, her passport, her valid visa on passport....


Pls suggest me if I am missing any docs here.

Will appreciate your earliest response.

Thanks,
Jiggi.

[abhayg4]

Hi,

What u have mentioned is correct.
Main Document is I-797 from ur new employer and rest are the supporting docs which she can carry with her
No need to give the copy of her passport , her visa -she needs to carry her originals....

I think u meant Copy of ur passport , ur valid Visa- Yes u can send these to her.

Thanks,
Abhay

[jigs_r]

yes abhay....that wahat i meant...Thanks for your response.