Traveling on H4 while My Husband changing job (H1B Transfer)

[sarikagupta]

Hi,

My husband is currently working for Company A on H1B and I am on H4 and have H4 approval notice (through Company A) and I-94, valid till May-2011, while in my passport I have Visa till 15-Jul-2010. I am planning to visit India in Jun 2010 and will be returning to US in Aug 2010. So I will need to go for Visa stamping in India as my Visa will expire when I come to US.

My husband is planning to switch Job (say Company B), and will do H1B transfer to Company B. We also have I-485 applied (Aug 2007) and in pending state. I do not have Advance Parole (AP). I think we are late in Applying for AP as it will take at least 3 months and I cannot leave while it is in pending state. So this option is probably not going to work.

My question is if my husband does change the company and say H1B and H4 approval (through Company B) are not yet received when I go for stamping in India.

Can I get my H4 visa stamped on Company A’s H4 approved petition (as it is valid till May-2011)?

If yes, is it necessary that my husband must be working for Company A when I go for H4 visa stamping for Company A?

If not, do I need to wait for H4 visa stamping until we get H1B/H4 approval notices for Company B?

If there any risk on I-485 status with any of the approach I take?

Thanks in advance for your help

 

[ginnu]

Hi,

My husband is currently working for Company A on H1B and I am on H4 and have H4 approval notice (through Company A) and I-94, valid till May-2011, while in my passport I have Visa till 15-Jul-2010.
I am planning to visit India in Jun 2010 and will be returning to US in Aug 2010.
So I will need to go for Visa stamping in India as my Visa will expire when I come to US.
---Yes you will need H4 visa stamp and that will be till your husband H1 approval notice

My husband is planning to switch Job (say Company B), and will do H1B transfer to Company B.
------H1 transfer can take 2-3 months. He should not join the new company once H1 transfer petition is filed. He should join when his H1 transfer is APPROVED. Reason behind this is that at this time if file H1 transfer through Consulting companies USCIS may reject H1 transfer as USCIS ask lot of documents and USCIS is after consulting companies. He should keep Valid EAD

We also have I-485 applied (Aug 2007) and in pending state. I do not have Advance Parole (AP). I think we are late in Applying for AP as it will take at least 3 months and I cannot leave while it is in pending state. So this option is probably not going to work.
------------------- What you will do if your H4 visa is rejected? How you will enter US? I will not leave US without having valid AP in Hand so that if any problem in H4 stamping one can enter on AP. AP filing address is Changed and they may approve AP in 2 months

My question is if my husband does change the company and say H1B and H4 approval (through Company B) are not yet received when I go for stamping in India.

Can I get my H4 visa stamped on Company A’s H4 approved petition (as it is valid till May-2011)?
------how you can get H4 based on company A H1 approval notice if your husband is not working with A?
If yes, is it necessary that my husband must be working for Company A when I go for H4 visa stamping for Company A?
---YES
If not, do I need to wait for H4 visa stamping until we get H1B/H4 approval notices for Company B?
----------------then wait for his H1 Transfer approval notice through B and try to get H4 based on B H1 approval.
If there any risk on I-485 status with any of the approach I take?
-----Yes, If H4 is rejected and you dont have valid AP in hand
Thanks in advance for your help

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