Reg wife/child's H4 (H1 transfer case)

[victor_shark]

Hi,

If i am in the US and transfer my H1B from company A to B (while wife and child are in India, wife has been to the US before) how do I apply for wife's/child's H4 transfer? Me and my wife currently have valid petition and visa stamping (from company A) till 2008 but our child was born in India recently and doesnt have any petition or stamping (nether from company A or B).

What is the best course of action I should take wrt their petitions and visa stamping so that they can join me in US asap?

Will company B file for their H4 petition or can I do it myself?

What will be the cost of applying for H4 transfer for both of them?

Pl help me on these queries...


Thanks!

 

[GotPR?]

There are conflicting opinion on the necessity of H4 transfer, but majority seems that you do not need to transfer H4.
But if you still want to transfer H4, I thought I-539 was the form.

 

[victor_shark]

So I guess it means that wife can travel on the existing visa stamping and the new H1B transfer approval.This seems ok.

But what about the child,how do i get the visa stamping done for him? Do I have to use the company A or company B petition? If Company B petition is to be used then will there be any issues because wife has visa stamping named for company A and child in the name of comapny B?

Pl clarify....

Thanks

 

[ginnu]

Hi,

If i am in the US and transfer my H1B from company A to B (while wife and child are in India, wife has been to the US before) how do I apply for wife's/child's H4 transfer?
-------------- you dont need to file H4 transfer. H4 is tied to YOUR H1 not to employer A or B
Me and my wife currently have valid petition and visa stamping (from company A) till 2008
----------- your wife can enter US with valid H4 visa stamp it does not matter if it is through A or B
but our child was born in India recently and doesnt have any petition or stamping (nether from company A or B).
------------------get the Indian passport for child and birth certificate . your wife has to apply H4 visa from US consulate based on your Latest H1 approval notice. you need to send your H1 approval, w-2, certified copy of latest form I-129+LCA (that was sent by B lawyer for H1 transfer it may be with lawyer) pay stubs and other documents needed for H1 or H4 stamping.

What is the best course of action I should take wrt their petitions and visa stamping so that they can join me in US asap?

Will company B file for their H4 petition or can I do it myself?
-------------your wife is in India with child, child has to get H4 visa from US consulate in India. you dont need to file any petitions in US.

What will be the cost of applying for H4 transfer for both of them?
------------------------H4 dont need H4 transfer. if H4 is expiring when in US and you are on H1 status then file H4 extensions with USCIS Before the I-94 expires


Thanks!

----------

 

[ginnu]

So I guess it means that wife can travel on the existing visa stamping and the new H1B transfer approval.This seems ok.
------------Yes and she can show your latest H1 approval at POE

But what about the child,how do i get the visa stamping done for him? Do I have to use the company A or company B petition?
--company B approval
If Company B petition is to be used then will there be any issues because wife has visa stamping named for company A and child in the name of comapny B?
----------------No, send letter to her from company B that you are working with B and she should show ONLY if asked
Pl clarify....

Thanks

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[victor_shark]

FANTASTIC !!!
What can I say? It feels so good when ppl answer queries in so much detail....

Thanks a lot ginnu and GotPR !!!