H1 Transafer in process...Can my wife (on H4) can goto india?

[omnish10]

Hi Friends!...

I am in big confusion & trouble...

I had transfered my H1B visa to company B by providing necessory documents. I also transfered my wifes H4 visa to new company B. I got the transfer receipts of mine and for my wife also. We are still waiting for the approval of the H1B & H4 visa tranfer. I still have old company H1B - I797 with me.

The problem comes here....Now there is emergency situation created at home -in India. So I have following questions...

1) Shall I go to India with my wife & come back to USA on my old company H1B visa stamp? (approval is still pending)

2) only my wife can goto India on her old H4 valid visa & come back with H1B transfer receipt?

3) If I will get the approval of H1B visa transfer, then It is must that I have to go for new H1B visa (Company B) stamping?

4) If I will get the approval of H1B visa transfer, new I797 from company B, then my wife have to go for new H4 visa stamp?

Please provide me your opinion, suggestion....OR guide me where I can find my answers...

 

[TheRealCanadian]

I also transfered my wifes H4 visa to new company B. I got the transfer receipts of mine and for my wife also. We are still waiting for the approval of the H1B & H4 visa transfer.

Since an H-4 is not employer sponsored, there is no concept of transferring her H4 to another employer. You have wasted your money.

Shall I go to India with my wife & come back to USA on my old company H1B visa stamp? (approval is still pending)

In theory, AC21 allows you to do this, and you merely provide the transfer receipt and say you intend to work for employer B.

only my wife can goto India on her old H4 valid visa & come back with H1B transfer receipt?

She doesn't need a transfer receipt, since she has no real transfer.