H1B Transferred - H4 not applied

[venkat20]

Hi,

I have tranferred my H1B just few days before to a new company. My wife is in India and she is on H4. I have not yet applied H4 transfer for her. She has H4 visa when i was with my old employer. My old employer not yet cancelled my H1B.

Can she travel to USA with this visa. Once she came to US, i want to apply H4 for her. can I do that. will it be a problem for her at the port of entry.

Please give me your suggestions.

Thanks,
venkat.

[sk4ih]

Unlike H1, H4 cannot be transferred. H4 is dependent visa. H4 visa is good as long as primary applicant maintains H1 status.

She can travel on existing H visa. She can carry a copy of your new I-797.

[venkat20]

Hi sk4ih,

Thanks for your reply.

My h1b is approved last friday only. i have checked it online. I don't know when my employer will receive approval notice. In that case what can I do...

please help me.


Thanks,
venkat.

[bhayzone]

In that case, she'll have to wait until you get your approval notice i.e. I-797 and the I-129.

I would suggest that she go for an H4 stamping with the new approval notice in India. That is the safest and best way to extend/transfer the visa. If the immigration office at the port of entry is in a bad mood or if he does not know the rules very well, he might give your wife a hard time. I have heard about such cases in the past.

[shervin143]

No need for stamping if the existing H4 is still valid. She would get a new I-94 until the extended I-797 of the primary applicant at the POE. At the worst case, she would get an I-94 just until the visa expiry date, in which case, you will need to file for extension before that I-94 expires. There is nothing much that could happen at the POE.

In that case, she'll have to wait until you get your approval notice i.e. I-797 and the I-129.

I would suggest that she go for an H4 stamping with the new approval notice in India. That is the safest and best way to extend/transfer the visa. If the immigration office at the port of entry is in a bad mood or if he does not know the rules very well, he might give your wife a hard time. I have heard about such cases in the past.

[bhayzone]

So you mean that the officer at the POE will not ask for the I-797? Or that the officer will be happy with the previous I-797?

No need for stamping if the existing H4 is still valid. She would get a new I-94 until the extended I-797 of the primary applicant at the POE. At the worst case, she would get an I-94 just until the visa expiry date, in which case, you will need to file for extension before that I-94 expires. There is nothing much that could happen at the POE.

[shervin143]

Well, if you read my previous post, I have mentioned "extended" I-797. It is advisable to carry the extended approval notice (The new one) to get an extended I-94 (same expiration date as the primary applicant).

So you mean that the officer at the POE will not ask for the I-797? Or that the officer will be happy with the previous I-797?

[venkat20]

Thankyou very much for your replies

[venkat20]

Hi Shervin143,

I have not yet received approval notice. I have checked online status on Mar 4th it got approved. she is coming on Mar 13th. I don't think i will receive H1 approval notice by that time. So it is better to tell at POE, I am still with old company right?.

we are having valid visas and they are not yet cancelled. what do you say?

Please suggest me.

Thanks,
venkat.

[atulbder]

I-94 Validity given from old H4 VISA depiste of showing New approved petition

Hi Shervin143,

I have not yet received approval notice. I have checked online status on Mar 4th it got approved. she is coming on Mar 13th. I don't think i will receive H1 approval notice by that time. So it is better to tell at POE, I am still with old company right?.

we are having valid visas and they are not yet cancelled. what do you say?

Please suggest me.

Thanks,
venkat.

Hi My wife and Daughter travelled on old company H4 Visa along with latest New employer petition which has validity upto 2015 however immigration officer gave her old visa validity on i-94 card now Attorney is saying to go to Deferred Inspections Unit of the U.S. Customs and Border Protection for correction,please guide me what to do