Tricky situation regarding entering US.

G

gxr

Registered Users (C)
Folks,

My wife is in India, currently on a B1 visa. She is going for her H4 Visa stamping at India(Using my existing I-797 petition from Current employer A) in 2 weeks. She plans to enter the US in the first week of April, if everything goes well.

In the meantime, I got an offer from Company B who are starting my H1 processing next week (Most Regular and not premium). I plan to join Company B after I get the receipt number.

I am assuming that:

1. She does not have to apply for H4 (paperwork)through Company B, since she has not even been in the US for almost 2 years and has not entered the US on a H4. Even though she has a B1 stamped on her passport, she did not use that to enter the country and she has already quit the company through which she got her B1 visa.

2. When she enters the US , say on April 1st with a H4 Visa stamp from my current employer A, Will there be any problems entering the US if I work for new employer Company B on April 1st ? OR should she join me earlier, even before I jump to COmpany B ?


I have also asked Company B's law firm the same questions. If I get answers I'll definitely post them. In the mean time, if i can see some responses for this thread, that would be comforting too. Sorry for the long mail.

thanks,
gxr
 
gxr said:
Folks,

My wife is in India, currently on a B1 visa. She is going for her H4 Visa stamping at India(Using my existing I-797 petition from Current employer A) in 2 weeks. She plans to enter the US in the first week of April, if everything goes well.

In the meantime, I got an offer from Company B who are starting my H1 processing next week (Most Regular and not premium). I plan to join Company B after I get the receipt number.

I am assuming that:

1. She does not have to apply for H4 (paperwork)through Company B, since she has not even been in the US for almost 2 years and has not entered the US on a H4. Even though she has a B1 stamped on her passport, she did not use that to enter the country and she has already quit the company through which she got her B1 visa.

2. When she enters the US , say on April 1st with a H4 Visa stamp from my current employer A, Will there be any problems entering the US if I work for new employer Company B on April 1st ?
-no problem but she will get I-94 till Visa stamp
IF you get your H1 transfer approval BEFORE she comes to US then she should show H4 Visa stamp AND your H1 transfer approval notice at POE so that she gets I-94 till your H1 transfer approval.
OR should she join me earlier, even before I jump to COmpany B ?
----- That is best becase once she reaches US also file her H4 extension with your H1 transfer in same envelope so that she also get I-94 till your H1 transfer and you both will have I-94 expiring same date( company B lawyer may tell you that she does not need her H4 extension but many forget to apply spouse H4 BEFORE I-94 expiry date and inform the employer /lawyer that you are going to pay for her H4 extension)

I have also asked Company B's law firm the same questions. If I get answers I'll definitely post them. In the mean time, if i can see some responses for this thread, that would be comforting too. Sorry for the long mail.

thanks,
gxr
Click to expand...
 
ginnu,

Thanks for the response. Your response was inline with what my attorneys said.

-gxr
 
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