I have my H1b transferred from Employer A to B in March 2009 and received and RFE. My current company B has responded, but the case is still pending. However, my old H1 B visa with my previous employer is valid till Sep 10. My wife's passport is also stamped with old visa and valid till Sep 10. My wife is in india since February. She went to India before the transfer. She has her old H4B visa valid till Sep 10. Now she wants to come back. Can she enter US when my H1 B is still pending under RFE?
1) while coming, at the port of entry, if she is asked her husband's (My current emp) current employer then what she has to answer?
2) what are the docuemnts required at the port of entry while coming?
Few of my friends are suggesting that she should say that her husband is still working with Emp A (old employer) because my H1 is not fully transferred so she doesnt have any proof of Emp B. If she says that I am working with Emp A, can they cross check whether I am actually working with emp A or emp B.
Some ppl are warning that if she says that her husband is working with Emp B, the immigration officers at Port of entry can deny entry as my case is still pending under RFE.
Some others are suggesting not to tell lie and just wait until my H1 is appoved whereas others are telling me that they dont care and dont check anything as she has her valid VISA. But It would be huge risk if she is denied entry. She would be coming with my two kids who are US citizens.
Pls suggest me a quick solution, I have to take some decisions very soon...
Thanks,
Binoj.
1) while coming, at the port of entry, if she is asked her husband's (My current emp) current employer then what she has to answer?
2) what are the docuemnts required at the port of entry while coming?
Few of my friends are suggesting that she should say that her husband is still working with Emp A (old employer) because my H1 is not fully transferred so she doesnt have any proof of Emp B. If she says that I am working with Emp A, can they cross check whether I am actually working with emp A or emp B.
Some ppl are warning that if she says that her husband is working with Emp B, the immigration officers at Port of entry can deny entry as my case is still pending under RFE.
Some others are suggesting not to tell lie and just wait until my H1 is appoved whereas others are telling me that they dont care and dont check anything as she has her valid VISA. But It would be huge risk if she is denied entry. She would be coming with my two kids who are US citizens.
Pls suggest me a quick solution, I have to take some decisions very soon...
Thanks,
Binoj.