H1 Visa transfer in India Question

[velichetiraghav]

Hi,

My wife has H1B Approved this year with a big company in India and she is waiting for the project as the company says they don't have any projects in pipeline to send her on H1B.

Now my question is, if any other company transfers (new H1 Petetion) her H1
* Does she need to produce pay stubs? I heard this is not required as she did not enter US after she got her H1
* Also if the new H1 petetion gets approved, does she need to attend Visa again? i heard if the petetion gets approved and her existing H1 visa is valid, she no need to enter visa again with US embassy is that right?
*Is there any alternative way for her, to enter to US (apart from H4)

Thanks

[shervin143]

* Does she need to produce pay stubs? I heard this is not required as she did not enter US after she got her H1
>>> U.S pay slips are required only if the candidate has entered U.S in H1B status. Otherwise the transfer is possible with just the previous H1B approval notice without U.S payslips and W2s.

* Also if the new H1 petetion gets approved, does she need to attend Visa again? i heard if the petetion gets approved and her existing H1 visa is valid, she no need to enter visa again with US embassy is that right?
>>> If the existing H1B visa in the passport is valid, then the candidate can enter U.S with the existing H1B visa and the newly approved H1B petition.

*Is there any alternative way for her, to enter to US (apart from H4)
>>> It depends on her intention to enter U.S. If it is for tourism, then there is a B2 visa. If she is planning to enter U.S to be a dependent, then H4 (if the spouse is in H1B) or L2 (if the spouse is in L1) are options. Her company can also sponsor L1 for her if the company has their office in U.S and your wife is eligible for L1.

[velichetiraghav]

Hi Shervin,

Thanks for your reply, i hope i am not clear for my 3rd question.

*Can my wife enter here on H4 while she has valid H1, in case she enters on H4 what happens to the existing H1?

[shervin143]

Yes, she can enter U.S in H4 visa provided she has a valid H4 stamped in her passport. When she applies for H4, most probably her H1B visa in the passport will be cancelled as CWOP. If she enters in H4, then she will not be able to work unless an employer files a COS from H4 to H1B. She cannot work until the H1B COS gets approved (with a new I-94).

Hi Shervin,

Thanks for your reply, i hope i am not clear for my 3rd question.

*Can my wife enter here on H4 while she has valid H1, in case she enters on H4 what happens to the existing H1?