Travel during H1/H4 Transfer - pls advise !

[raj76]

Hi ,


From my present employer - company A, my H1B and my spouse H4 is valid till 12 Nov 2011 and Visa is valid till 12 Nov 2011.

Since I'm changing job to company B the H1B transfer would happen next 1-2 weeks & extended for 3 years.



My spouse(H4) is traveling to India on June 12th to August 4th 2011 and I'm traveling mid july for a week.



My questions are


1.Does my spouse need to be present in US during H4 transfer ?

2.If my H1B and Spouse H4 get transferred do we need to get visa stamping from US embassy in India to get back in US?

3.Will the visa ( from company A) be valid for reentry to US?

4. Will entry back in US be based on New H1B ( company B) and old Visa(Company A)?



Thanks

[shervin143]

It is never advisable to travel when a petition is pending with USCIS. Either travel after the transfer gets approved or come back and file the transfer. Premium process will get you the result within 15 days.

1.Does my spouse need to be present in US during H4 transfer ?
>>> There is no such thing as H4 transfer. There is only H4 extension. If your spouse is anyhow leaving the country, then there is no point in filing the extension along with your transfer. Upon her return, by showing your extended H1B petition, she can get a new I-94 matching the same expiry date.

2.If my H1B and Spouse H4 get transferred do we need to get visa stamping from US embassy in India to get back in US?
>>> Only if your existing visas have expired by the time of return. If they are valid, you can use the same to return back.

3.Will the visa ( from company A) be valid for reentry to US?
>>> Check your passport. If it hasn't expired on the date of your return, then you can use it.

4. Will entry back in US be based on New H1B ( company B) and old Visa(Company A)?
>>> Yes, provided the petition and visa remains valid.