applying for H4 visa, while H1 is in trasfer

[live4u]

Hi,
My wife got a 221(g) from the chennai consulate asking for some info which my employer is providing. Now, I am about to get my H1 trasferred from company A to B(say another 2 weeks I will be filing for the trasfer). She had earlier applied for her H4 when I was in A. Now on monday she will be again applying for H4 with the answer for the query.

1)Is it fine at this juncture for me to apply for transfer.
2) If the H1 transfer is in the process, ie after getting WAC number and I start working for B, can she apply for H4?
3)If so on my A's H1 or B's H1? I will have only the WAC not the I-797 yet. Please advice


Tx

 

[ginnu]

Hi,
My wife got a 221(g) from the chennai consulate asking for some info which my employer is providing.
Now, I am about to get my H1 trasferred from company A to B(say another 2 weeks I will be filing for the trasfer).
She had earlier applied for her H4 when I was in A. Now on monday she will be again applying for H4 with the answer for the query.
---OK let her go with reply
1)Is it fine at this juncture for me to apply for transfer.
--- I will wait till your wife gets H4 stamp
2) If the H1 transfer is in the process, ie after getting WAC number and I start working for B, can she apply for H4?
---YES, send her new H1 approval when she is trying to enter US on H4 and she can show new H1 approval at POE and will get I-94 till your H1 approval notice, if you dont get the approval notice then she will be admitted till her H4 visa is valid
3)If so on my A's H1 or B's H1? I will have only the WAC not the I-797 yet.
---She can enter on A H4 , H4 is related to your H1 status she is not tied to A or B

Please advice


Tx

 

[live4u]

Thanks for the reply ginnu. but my employer B wants me to start the transfer process ASAP. May be next week. And my wife is applying for H4 next week itself with my H-1 papers on company A. In chennai it takes 3 weeks to get a reply from the consulate. B cant wait that long. Am perplexed. What should I do?

 

[ginnu]

Thanks for the reply ginnu. but my employer B wants me to start the transfer process ASAP.
Start the process, lawyer will take 4-5 days then it has to reach USCIS it will again take 3-4 days and then USCIS is going to create a fee reciept it will again take 10-15 days to get Reciept of H1 transfer filing
May be next week.
And my wife is applying for H4 next week itself with my H-1 papers on company A.
---NO problem let her apply H4
In chennai it takes 3 weeks to get a reply from the consulate.

B cant wait that long.
---File the H1 Transfer, becase by law your are allowed to join when you get H1 tranfer filing reciept filling DOES NOT mean H1 Transfer is APPROVED.

----let you wife go to consulate to get H4 visa no problem.
Am perplexed. What should I do?