I have 2 very important questions here.
1)
I used to work for company A till year 2001 and they still have my H1 which is valid till May 2004.
I joined a new company B from the end of year 2001 and was working over there till Jan 2003 and got laid off (H1 Validity is May 2004).
Company A wants to rehire me and put them on their payroll. They tell me that H1 transfer is not needed as my H1 validity is May 2004 with them. I am starting my job tomorrow. Is this really OK or a H1 transfer again is needed. Anyone Please help.
2)
Also I got married when I was with Company B and my wife got her H4 visa stamped at Chennai Consulate in India and her I-94 validity is till May 2004.
I told Company A yesterday that atleast please apply H4 transfer for my wife from Company B to Company A and they say that even that is not needed. Here's the reason they gave.
Lawyer says :
"HER STAY IS GOVERNED BY YOUR MAINTENANCE OF H-1B STATUS, REGARDLESS OF WHICH EMPLOYER YOU WERE WORKING FOR AT THE TIME OF HER ENTRY AND VISA APPLICATION. AS LONG AS YOU MAINTAIN H-1B STATUS (ie., via your employment
w/ Company A), SHE IS IN VALID H-4 STATUS FOR THE VALIDITY DATE OF HER I-94.)
If what the lawyer says is true, then if my wife leaves the country for some reason does she need to get H4 stamped with Company A or no need.
Please help.
1)
I used to work for company A till year 2001 and they still have my H1 which is valid till May 2004.
I joined a new company B from the end of year 2001 and was working over there till Jan 2003 and got laid off (H1 Validity is May 2004).
Company A wants to rehire me and put them on their payroll. They tell me that H1 transfer is not needed as my H1 validity is May 2004 with them. I am starting my job tomorrow. Is this really OK or a H1 transfer again is needed. Anyone Please help.
2)
Also I got married when I was with Company B and my wife got her H4 visa stamped at Chennai Consulate in India and her I-94 validity is till May 2004.
I told Company A yesterday that atleast please apply H4 transfer for my wife from Company B to Company A and they say that even that is not needed. Here's the reason they gave.
Lawyer says :
"HER STAY IS GOVERNED BY YOUR MAINTENANCE OF H-1B STATUS, REGARDLESS OF WHICH EMPLOYER YOU WERE WORKING FOR AT THE TIME OF HER ENTRY AND VISA APPLICATION. AS LONG AS YOU MAINTAIN H-1B STATUS (ie., via your employment
w/ Company A), SHE IS IN VALID H-4 STATUS FOR THE VALIDITY DATE OF HER I-94.)
If what the lawyer says is true, then if my wife leaves the country for some reason does she need to get H4 stamped with Company A or no need.
Please help.