H1B transfer

S

sdr22

Registered Users (C)
I work for a comoany A. Their sister concern B wants to hire me. I am travelling to India to get married next week. My questions are:

1. Can a employer file a transfer while I am out of the country? If this is at all possible:
2. What I-94 copy do I submitfor the transfer? The current one?
3. Will I need to get my passport stamped with a new visa to re-enter?

I am planning to get my wife over on a H4.
Can she apply visa based on the old I-797?
Or does she have to wait for the new I797 to come through.
 
I work for a comoany A. Their sister concern B wants to hire me. I am travelling to India to get married next week. My questions are:

1. Can a employer file a transfer while I am out of the country? If this is at all possible:
---- In theory it is possible because Extension of status is not abandoned while you go out only Change of extension is abandoned, times are not good better file H1 transfer when you come back to US.
2. What I-94 copy do I submitfor the transfer? The current one?
3. Will I need to get my passport stamped with a new visa to re-enter?

I am planning to get my wife over on a H4.
Can she apply visa based on the old I-797?
--- If that is valid and you are working for the same employer because they may ask recent pay stubs
Or does she have to wait for the new I797 to come through.
----If you have valid H1 and still working with the employer she can apply with your current H1 approval, but if you want to do H1 transfer and want to join new employer better let her wait, get married come back to US apply for H1 transfer and when you get H1 transfer send her new H1 approval notice (remember it may take 4-6 months to get H1transfer approval in your hands and depends on the service center.
--- If I am in your situation and working on H1 and have valid H1 then I will go out of US, get married bring my spouse with me on H4 and once I reach US I will file H1transfer and H4 extension for spouse with my H1transfer papers so that she have the same I-94 that you will get with H1transfer through comany B.

Don’t create unnecessary problems for you, sister concern B can wait for your return to US and then they can file H1 transfer
 
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