h4 travel ---- during h1b and h4 transfer

M

mans22

Registered Users (C)
hi
will really appreciate to get a reply to this question.
my spouse just applied for transfer of h1b and along with that applied for my h4 transfer also .
We don't expect the approval to come till april /may 2005 .
now meanwhile if i want to travel to my home country and come back on my h4 visa would that be a problem?
I have 2 options either to come back before
may 15th when the old company I-94 expires or i can have the approvals with the new compnay mailed to me and i can get it stamped and then return .

but someone told me that it would be risky altogther for me to leave the country while the my h4 transfer is pending since i would be surrendering the i-94 card while leaving and then that would make me out of the country in the uscis database etc etc .

is this true ?
hope to get a response.
thanks
 
mans22 said:
hi
will really appreciate to get a reply to this question.
my spouse just applied for transfer of h1b and along with that applied for my h4 transfer also .
We don't expect the approval to come till april /may 2005 .

--------- you have below options:
A) be back to US with valid H visa before the H4 stamp expires(it does not matter if it has past employer name on it)
B if your spouse H1 gets approved while you are out get new H4 visa stamp and enter with that Visa stamp
C if you still have valid H4 stamp with previous employer name AND your spouse H1 gets approved then you CAN enter US with that H4 visa stamp and at POE you must show your passport Visa stamp AND spouse H1 approval notice and you will get I-94 till your spouse H1 validity.
D if you come back before your H4 extension gets approved then the I-94 that you will get with H4 extension will be your latest I-94 it will superseed the White I-94 that you will get at POE

now meanwhile if i want to travel to my home country and come back on my h4 visa would that be a problem?
--read above
I have 2 options either to come back before
may 15th when the old company I-94 expires or i can have the approvals with the new compnay mailed to me and i can get it stamped and then return .

but someone told me that it would be risky altogther for me to leave the country while the my h4 transfer is pending since i would be surrendering the i-94 card while leaving and then that would make me out of the country in the uscis database etc etc .
------- you need to surrunder I-94 when you go out of US FYI the H1 ,H4 extension is NOT abondnded if you go out, only CHANGE OF STATUS is abondned if you go out after filing COS.
Click to expand...
 
hi ginnu
had a question
in case we go for premium processing (in transfer of h1b ) is it necessary to get both h1b and h4 done thru premium ?
is it sufficient if we get my husbands h1b thru premium processing and then i can get stamping done while returning from india on the basis of the same ?

is my approval notice also needed for the stamping process ?

also if the prev vissa and i-94 are expiring on may 15 th do i need to go for stamping after that date only ? or i can go before that day also ?

thanks once again
 
mans22 said:
hi ginnu
had a question
in case we go for premium processing (in transfer of h1b ) is it necessary to get both h1b and h4 done thru premium ?
is it sufficient if we get my husbands h1b thru premium processing and then i can get stamping done while returning from india on the basis of the same ?
--YES, you can do that
is my approval notice also needed for the stamping process ?
-not needed but H1 Approval notice needed when you go for H4 Visa stamping
( as you have filed H4 extension if you have got the recieptof H4 extension filing keep it with you)
also if the prev vissa and i-94 are expiring on may 15 th do i need to go for stamping after that date only ?
or i can go before that day also
------- you can go before that date, no problems, take all the documents from your spouse side H1 approval, copy of compleate petition of H1 than includes copy of form I-129 and Copy of LCA, his W-2, his recent pay stubs, you can search other threds what they ask for H4 stamping
thanks once again
Click to expand...
 
hey ginnu
thanks a lot for your replies .
i just wanted to confirm 1 thing.
if i get the stamping done on basis on approved h1b (prem process ) then will they ask for my h4 approval notice also at the port of entry while issuing the i-94 ?
will not having that create a problem.
 
mans22 said:
hey ginnu
thanks a lot for your replies .
i just wanted to confirm 1 thing.
if i get the stamping done on basis on approved h1b (prem process ) then will they ask for my h4 approval notice also at the port of entry while issuing the i-94 ?
------NO ( if you get your H4 extension approved keep the extension approval OR the H4 extension filing reciept with you and show only if they ask)
will not having that create a problem.
Click to expand...
 
hey ginnu
thanks a lot for your prompt replies.

also ginnu is there a problem if i submit appln for h1 while i am in india.Say a few days /weeks before returning from india.

will that create probs in stamping in india or at the port of entry
 
mans22 said:
hey ginnu
thanks a lot for your prompt replies.

also ginnu is there a problem if i submit appln for h1 while i am in india.Say a few days /weeks before returning from india.

---I did not understand your question, you are on H4 and you have filed H4 extension and you want to go out of US while H4 extension is pending and you want to get H4 visa stamped based on your spouse H1 approval notice. that is what I know from your posts. write in detail what you want to ask so that others can understand.

will that create probs in stamping in india or at the port of entry
Click to expand...
 
hi ginnu

well in detail it goes that i am also planning to apply for my h1 in next yr quotas which i guess will start in april.
so the question is can i /the sponsoring Co apply for it while i am outside the country ?
Can the application be submitted few days /weeks before i return back on my h4 visa ?
will there be a problem in getting stamping done at consulate or at port of entry .
Also all this assuming i dont expect the approval to come for atleast 3-4 mths after filing by the time i will be very much back in USA .
 
mans22 said:
hi ginnu

well in detail it goes that i am also planning to apply for my h1 in next yr quotas which i guess will start in april.
so the question is can i /the sponsoring Co apply for it while i am outside the country ?
----yes they can, they have to file new H1 petition for , once it gets approvoed you need to go out ofUSA annd need H1 stamping and then enter onH1 status and start working
Can the application be submitted few days /weeks before i return back on my h4 visa ?
---yes
will there be a problem in getting stamping done at consulate
---only consulate officer can let you know
or at port of entry .
----POE dont stamp H1 visa stickers
Also all this assuming i dont expect the approval to come for atleast 3-4 mths after filing by the time i will be very much back in USA .
Click to expand...

**** the best option for you is that you come back on H4 status to US and then the employer file for H4 to H1 status change(Change Of Status) once H1 gets approved then it will have I-94 attached and no need to go out for H1 visa stamp.
*** file for H1 only if the employer HAS job, many file from H4 to H1 and then no job and again have to file H1 to H4
 
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