H1B transfer--------URGENT-------PLEASE HELP

[shatan]

I have 2 very important questions here.

1)

I used to work for company A till year 2001 and they still have my H1 which is valid till May 2004.

I joined a new company B from the end of year 2001 and was working over there till Jan 2003 and got laid off (H1 Validity is May 2004).

Company A wants to rehire me and put them on their payroll. They tell me that H1 transfer is not needed as my H1 validity is May 2004 with them. I am starting my job tomorrow. Is this really OK or a H1 transfer again is needed. Anyone Please help.

2)

Also I got married when I was with Company B and my wife got her H4 visa stamped at Chennai Consulate in India and her I-94 validity is till May 2004.

I told Company A yesterday that atleast please apply H4 transfer for my wife from Company B to Company A and they say that even that is not needed. Here's the reason they gave.

Lawyer says :

"HER STAY IS GOVERNED BY YOUR MAINTENANCE OF H-1B STATUS, REGARDLESS OF WHICH EMPLOYER YOU WERE WORKING FOR AT THE TIME OF HER ENTRY AND VISA APPLICATION. AS LONG AS YOU MAINTAIN H-1B STATUS (ie., via your employment
w/ Company A), SHE IS IN VALID H-4 STATUS FOR THE VALIDITY DATE OF HER I-94.)

If what the lawyer says is true, then if my wife leaves the country for some reason does she need to get H4 stamped with Company A or no need.

Please help.

[klein]

It is his job to be right.

[anugu]

1.You can work to Company A , you have no need to apply for H1 tranfer as long as it is valid.
2.Actually your wife is in VALID status, but as you never know..
you have 2 options..
a>your employer can apply new H4 for your wife with your H1,
and you can send for stamping here in US.
b> your wife can go out of the country and reenter with New H4(company A), in this option you no need to apply for new H4.

I went through option 2.b>..

Thanks

[nimish555]

what happened in your case