H4 Transfer with Dependends are out of country

[kmrsaravana]

Hi,

I am on a H1B and currently transferring my H1B from my current employer to a new employer. I am yet to file the transfer. But before the transfer happen my wife and kid (who is on H4) need to travel to India. Their VISA has already expired. Now I have the following question
1. Can I apply for their H4 transfer when they are out of country?
2. Once I have my H1B/H4 transfer can I go for stamping before returning to US?
3. Will there be any issue in the whole process?
Can someone please let me know ASAP? This is really URGENT. Thanks for the information.

[shervin143]

1. Can I apply for their H4 transfer when they are out of country?
>>> You cannot.

2. Once I have my H1B/H4 transfer can I go for stamping before returning to US?
>>> Yes.

3. Will there be any issue in the whole process?
>>> This is a normal process that most people go through this,

[kmrsaravana]

Thanks for the Response.

Let me be little more clear. My family is planning to Leave the country on 22nd Jan and I am yet to file for H1B/H4 to the new company. Most probably I will not get the H1B/H4 approved before they leave the country. So If need to get them back to US how will that work?

As per the current situation they will not be in the country when I file for H4 transfer for them. Will there be any complication for getting them back to the country. As I also mentioned before they still have valid H4 which will valid until 2014. So can they get it stamped with the existing H4? I am not clear on this front.

Thanks once again for your response.

[kabkaba]

There is no such thing as H4 transfer.
Has your I-94 expired already? That is the most important question you need to answer. Where are you located right now and where are your dependents located?

[kmrsaravana]

We are currently Michigan, US. The I94 is valid till 2014 for all of us but the VISA got expired already. So When we go out of country we need to get it stamped before returning back to US.

Before Stamping I will be changing my company so I will be applying for H1b and H4 transfer. Hope this clarifies.

[kabkaba]

In that case there is no 'H4 transfer' needed (there is no such thing anyway). Your dependents can stay in the US as long as their I-94's are valid and you are maintaining H1 status (with any employer).
They can certainly leave the US any time before I-94 expiry, they should submit all the I-94's to the airline when they leave.
Whenever they apply for H4 Visa at a US Consulate/Embassy, they need to use your H1 approval notice corresponding to the employer you are working with at that time. So if you are working with new employer at that time they need to use new employer's approval notice. If you are still with old employer, they need to use that corresponding approval notice. (So, if you have already started working for new employer, they cannot apply for H4 Visa until new employer's petition gets approved).
Same applies for entry. At the time of entry, they need to show the H1 approval notice corresponding to the employer you are working for at that time.