H1B Transfer........Please advise

[Baba1927]

Hello All,

I'm on H1b status (expires in 2010) with Company A and planning to transfer my H1 to Company B. I need to go to India for my marriage after I get my transfer approved.

Could anyone please clarify my following questions.

• Do I need to go through the visa process (for Company B) to enter into US again? If not needed, can my wife apply H4 with my Company A papers?

• If my H1b transfer is not approved, can I still be on a valid status with Company A? Would it cause any problem for my wife's H4 process.

• What are the possibilities of an H1b transfer application getting denied and on what basis?

Your response is greatly appreciated.

Thanks

[Subramanya]

I'm on H1b status (expires in 2010) with Company A and planning to transfer my H1 to Company B. I need to go to India for my marriage after I get my transfer approved.

Could anyone please clarify my following questions.

Do I need to go through the visa process (for Company B) to enter into US again? If not needed, can my wife apply H4 with my Company A papers?

---- There is no need if you have a valid visa stamped in Passport. Your wife will apply for H4 based on company B as you would already transferred to company B before leaving US

my H1b transfer is not approved, can I still be on a valid status with Company A? Would it cause any problem for my wife's H4 process.

---- Yes, you can continue, provided it is not revoked by your employer


What are the possibilities of an H1b transfer application getting denied and on what basis?

---- There can be many factors, but primarily they are the credentials of the employer and the employee. Also, the employer has to pay you every pay period as evidenced by pay stubs

Subramanya

[Baba1927]

H1B Transfer........Please advise

Thanks so much Subramanya!

Re: the second question, if my wife applies based on Company B, would it be a problem if the copy of my passport she takes to the interview has Company A annotation on it.

Thanks once again!

[Subramanya]

Re: the second question, if my wife applies based on Company B, would it be a problem if the copy of my passport she takes to the interview has Company A annotation on it.

---- That does not matter. Her visa will be till the last date of your I-797 from company B

Subramanya

[Baba1927]

H1B Transfer........Please advise

Thank you!

[floydian]

hi ****....

i have a very similar situation and quite concerned about it. i recently transferred from sis company A to sis company B.

but, the transfer papers have yet to be filed with USCIS due to economic crisis sis comp B finance is yet to release check for fees. My wife is stuck in India because she does not have updated I-797A form.

do you think she should go to interview with company A I-797A form or wait for company B paperwork from me?

how long did it take you to receive company B I-797A form? do let me know.

thank you.

KK