H1-transfer first or H4 first?

H

healthyme2

New Member
I got laid off and my I-797 will terminate on April 7. My wife is waiting to get a H4.

What do we do first - get H4 on current I797 before April 7, or, get H1 transfer complete and then apply for H4 with new I797?

In case 1 when she obtains H4 on current I797 and then I transfer to H1, then can she be denied entry because I will be with a different employer than what she got a stamp for?

In case 2 when she applies when H1 transfer is complete, then will she have to wait for a few months again because she needs to show my paystubs?

Can I take the middle path - I apply for a transfer here and she goes for the H4 at the same time?

Please advise.
 
very recenty my wife attended H4 in chennai the I797 is must to carry, she has to carry your 6 months paystubs and I129 and your company W2 forms and tax returns and marrige photos and certificate.

Please look into immihelp.com it is one of the best site .

Good luck
Madh
 
healthyme2 said:
I got laid off and my I-797 will terminate on April 7. My wife is waiting to get a H4.

What do we do first - get H4 on current I797 before April 7, or, get H1 transfer complete and then apply for H4 with new I797?

In case 1 when she obtains H4 on current I797 and then I transfer to H1, then can she be denied entry because I will be with a different employer than what she got a stamp for?

In case 2 when she applies when H1 transfer is complete, then will she have to wait for a few months again because she needs to show my paystubs?

Can I take the middle path - I apply for a transfer here and she goes for the H4 at the same time?

Please advise.
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If your previous company has revoked your h1 then ask your wife to wait till you get your new h1. If that's not the case. She can get it stamped. She can enter US with a stamp from previous employer but 797 from new one. That should not be the problem.
 
Hi ajasha,
I saw you here and thought of asking you this question. My friend is out of status for 10 days with his H1b and she is applying new H1b through another company. She got her prevailing wage and she may submit her new H1b by another 10 days. Do you think 25-30 days out of status going to affect her in future. She had offer letter from the new company before her last day in old H1b.
Thank you
 
Thanks guys... it turned out that as long as the company does not notify the INS, the Visa is active until expiration. And its transfer does not have any bearing on H-4.

Regards.
 
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