H1B transfer

N

nicename

Registered Users (C)
Hi,

I would like to know few things :

1) Can you give me an idea of how long does it take to transfer
H1B visa from one company to another these days.

2) How much is the fee for premium processing and the approx. attorney fee.

3) Can my spouse visit India and come back while my H1B transfer is in progress. I assume that a person doing H1B transfer remains in status even if the previous comapny revokes the visa while transfer is going on. If I am wrong, please correct me.
In this scenario while the previous H1B is revoked, can my wife travel outside US and enter again with H4 stamp of previous company.

thanks
 
1,2 read this forum and INS website
3. Did the company also revoke H4? Did your new company apply for h4 transfer? otherwise it is a risk.
 
thanks Jaxen

I am not aware of H4 revocation. They will not file H4 transfer . Infact, they have yet to file H1 transfer, should I insist for H4 transfer also. If they agree, can she travel while transfer is going on.
 
Thanks a lot Jaxen. I would appreciate if you clarify one more thing.
My wife changed her status from H1 to H4 while in US recently. She has yet to get it stamped (from India).

If she travels while transfer is going on and wants to return back before transfer is actually completed ( as it takes 5-6 months these days) , Will she be allowed at POE. Can she get H4 stamped with the previous employer's H4 approval. What should be done in this case.

Thanks
 
Try for H4 visa and reapply for H4 transfer after coming into US. Travel during change of status abandons the petition.
Please give all the details first if you want a full answer, next time.:eek:
 
Hello Jaxen,

Here is whole situation :

I lost a job with employer A and I am about to start my H1B transfer with employer B.

My wife recently did COS from H1 to H4 while being in US. She doesn't have H4 stamp of employer A(my previous employer).
Now, my question is - if she visits India while H1 transfer is going on, can she get H4 stamped with the approval she has (of previous employer). If not, how can she reenter US before H1 transfer is completed.
 
Jaxen is right.
If your wife returns to US with her H4 VISA before the H1 is approved her H1-B petition will be invalid. She has to wait in in your country till she gets her H1-B approval and get it stamped there in order to return. With the way things are going on now, I would not recommend this. Just my 2 cents worth
 
I know one thing for sure from my own experience...

As long as stamped H4 visa is not expired/expiring in 60 days, there is no threat at the POE for H4 person at any time of H4 transfer.
 
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