transfer and travel.

[pragan]

My current h1b and my wife's H4 is valid till April this year. Wife will be going to India in Feb 1st week and will return by Feb on 3rd week 2011.

I am expecting an offer from a company and while filing my new h1b with in the premium processing mode, can we file my spouse's H4 transfer/renewal also? After it comes through should my wife go for visa stamping before her return on Feb 22 to USA?

I think she can come back without stamping since her current H4 visa stamping is valid till April 2011

please clarify.

[shervin143]

It is not advisable to travel when a petition is pending with USCIS. The best option is to let yo wife travel after receiving the H1B/H4 transferred successfully. She doesn't need a new H4 visa to re-enter if she already has a valid one stamped in her passport when she return.

[pragan]

thanks for the reply. She will leave before even I start the process...so my plan is
1) Send my wife
2) then send documents for visa and do premium.
3) if it's approved and then I will send the approval notice to my wife. Here the only doubt is whether she even needs the approval notice to come back or just come with the current visa which is valid till april 2011.

[shervin143]

Extension of status meaning extending the I-94. When a person leaves U.S, there is no extension of status (All i-94's should be returned before the person leaves U.S). Filing the H4 extension when she is out of the country is of no help. This is what you should do.

1) Let you wife travel.
2) Apply your H1B transfer anytime (before she leaves or after she leaves). Since you said that you are going for premium, you will get the result within 15 days.
3) Once you receive the approval notice, courier it to your wife.
4) She can re-enter U.S with her current valid H4 visa and show your new I-797 approval notice at the POE which will get her an extended I-94 that will match your I-94 expiry date.

[kabkaba]

To add to the above,
if your new petition is still pending by the time your wife returns and if you are still working for old employer, she can show your old petition approval notice and enter. But she will need immediately file I-539 based on your new H1 petition.