H4B not transferred and travelling to India

[jigs_r]

Hello Gurus,

I have my H1b transferred from Employer A to B @ 1 yr back and old stamped visa is valid till Sep 09 in my passport. I got my new I-797. My wife's passport is also stamped with old visa and valid till Sep 09. As per my new employer B's suggestion, I didn't transfer my wife's H4 and now she wants to go back to india for a month. She has her old H4B visa valid till Sep 09. I know that she can go and come back but

1) while coming, at the port of entry, if she will be 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?

Couple of my friends are suggesting that she should say that her husband is still working with Emp A (old employer) because her H4 is not transferred so she doesnt have any proof of Emp B. Some ppl are suggestiing that she should say that her husband is working with Emp B and inform that we will transfer H4 after she will be intered into USA. Ppl are telling me that they dont care and dont check anything as she has her valid VISA. But I need some perferct answer for her.

Pls suggest me quick as I have to take some decision very soon...

Thanks,
Jignesh.

 

[ginnu]

Hello Gurus,

I have my H1b transferred from Employer A to B @ 1 yr back and old stamped visa is valid till Sep 09 in my passport. I got my new I-797. My wife's passport is also stamped with old visa and valid till Sep 09. As per my new employer B's suggestion, I didn't transfer my wife's H4 and now she wants to go back to india for a month. She has her old H4B visa valid till Sep 09. I know that she can go and come back but

1) while coming, at the port of entry, if she will be asked her husband's (My current emp) current employer then what she has to answer?
----------------------if you are working with B she should tell B. she should show Valid H4 Visa Stamp(it does not matter if H4 stamp is through A or B) AND your H1 transfer notice of B at POE and will get I-94 till your H1 transfer notice.
2) what are the docuemnts required at the port of entry while coming?
----valid Passport, Valid Visa stamp and your H1 transfer approval notice of B

Couple of my friends are suggesting that she should say that her husband is still working with Emp A (old employer) because her H4 is not transferred so she doesnt have any proof of Emp B.
------------------They alll are wrong. H4 is tied to YOUR H1 status not to employer A or B. if asked she should say that you are working with B.


Pls suggest me quick as I have to take some decision very soon...


Thanks,
Jignesh.

---------------------------------

 

[binoj]

I am in a very similar situation. What is your opinion about my case.

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 saying that it shouldn't matter 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.

What is the procedure if they find out that I am working with the new employer the transfer of which is not yet approved? Will they give the temporary I-94 for my wife or will they deny entry?

 

[ginnu]

I am in a very similar situation. What is your opinion about my case.

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?
------------------she should provide ifo about your Present employer where you are working.
2) what are the docuemnts required at the port of entry while coming?
-------------------if she has valid Visa in her passport then she will show the visa stamp. (better send her letter from your present employer and she should show only IF asked)
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.
---------------they may not check but she should tell the truth that you are working with 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.
----------------------Case is pending and it is not denied.
Some others are suggesting not to tell lie and just wait until my H1 is appoved whereas others are saying that it shouldn't matter 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.

What is the procedure if they find out that I am working with the new employer the transfer of which is not yet approved? Will they give the temporary I-94 for my wife or will they deny entry?

----------------- If she has valid visa and your H1 transfer is pending then she can be admitted. For more information you should talk to employer B lawyer.