H1 Transfer - Current Visa Valid - Can spouse fly in/out US

G

golgappa

Registered Users (C)
Hi,
I am in Company A, planning to transfer my visa to Company B, my curent H1 is valid till Jan 2007, my wife is going back to india and coming back in October, lets say while she is in india :-

1. If I transfer my H1B and I dont receive the transfer paperes, so CAN she fly on the old visa(H4) which is still valid as far as date is concerned.


Thanks,
Rajan Gupta
 
golgappa said:
Hi,
I am in Company A, planning to transfer my visa to Company B, my curent H1 is valid till Jan 2007, my wife is going back to india and coming back in October, lets say while she is in india :-

1. If I transfer my H1B and I dont receive the transfer paperes, so CAN she fly on the old visa(H4) which is still valid as far as date is concerned.


Thanks,
Rajan Gupta
Click to expand...

If you are not working for Company A and if she uses the copy of I-797 approved for Company A to reenter, she would be commiting visa fraud. Would she be caught/penalised for it later would be anyone's guess.

I would changes the travel plans rather than getting into issues. Just a friendly advise.
 
Thanks for your reply,
I have one more question, let say I get the Transfer papers and she comes with the copy of the original papers in that case it ok ....
 
golgappa said:
Hi,
I am in Company A, planning to transfer my visa to Company B, my curent H1 is valid till Jan 2007, my wife is going back to india and coming back in October, lets say while she is in india :-

1. If I transfer my H1B and I dont receive the transfer paperes, so CAN she fly on the old visa(H4) which is still valid as far as date is concerned.
----------- once B file the H1 transfer she CAN enter US with comany A valid H4 visa stamp She is NOT tied to employer A or B her H4 dependes on YOUR H1 status. She will get the I-94 till H4 visa stamp in her passport and once she enter US file her H4 extension with form I-539 BEFORE her I-94 expires
* if your get your H1 trasfer approved while she is out of US then when she comes to US better send her YOUR H1 trasfer approval and at POE she will show passport Visa stamp AND your H1 approval notice and she will get I-94 till your H1 trasfer approval notice



Thanks,
Rajan Gupta
Click to expand...
 
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