H4 visa stamping and transfer of H1

catcharbind

Registered Users (C)
Dear Members,
Here is my situation. I have a valid petition and H1B visa from company ABC till Apr 2010. I recently got a job offer from another company XYZ and in the process of transferring my H1B. My marriage is fixed in Dec 08 and I have to travel to India then.

My questions are:
1) Do I need to again go for stamping in India before coming to USA in december as I will have a valid petition from company XYZ by then?
2) can my wife go for H4 visa stamping showing my H1B visa from company ABC without me going for restamping?
3)Also company XYZ will be filing my Green card within a month of joining. Will me/my wife have problems due to this for our h1b/h4 visa stamping?

Any help is greatly appreciated.
 
First of all 'H' category via permits dual intent - so no problems even if your employer file GC petition.

As long as your current H-1 visa stamp is valid you can use that to re-enter US (assuming that your transfer will be done by then).

For H-4 stamping, I strongly suggest you to go for H-1 and H-4 stamping together.
 
Dear user,
Thanks for your kind reply.

So if I understand correctly, my wife can go for H4 stamping with my approved H1 petition from company XYZ and I dont need to do H1 restamping for company XYZ before this.

Please confirm.
 
Dear user,
Thanks for your kind reply.

So if I understand correctly, my wife can go for H4 stamping with my approved H1 petition from company XYZ and I dont need to do H1 restamping for company XYZ before this.

Please confirm.

Yes that's fine, but she will have a better chance if you also go for stamping.
 
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