Urgent H4-B Question. Any Help Appreciated

[pnarayan]

Hi All

My attorneys are refusing to file for my family's H4-B papers. My situation is as below.

I work in Company X, and have H1-B and H4-B valid till Aug 2005.
I have a offer from company Y, who has applied for my H1-B transfer in premium processing. But they are not ready to apply for my family's H4-B transfer.

Given this situation, if my wife has to travel out of country, will there be any issues when she comes back. She will be coming back on company X's H4-B papers. If suppose Immigration officer at POE asks for H1-B papers, and sees that H4-B is different than H1-B, will there be any problems that we could anticipate.

Any experiences in this is highly appreciated, as I need to decide to take the offer or not.

Thanks
pnarayan

 

[ginnu]

Hi All

My attorneys are refusing to file for my family's H4-B papers. My situation is as below.

I work in Company X, and have H1-B and H4-B valid till Aug 2005.
I have a offer from company Y, who has applied for my H1-B transfer in premium processing. But they are not ready to apply for my family's H4-B transfer.
----- NO problem you are changing the employer your wife is NOT , once your H1 transfer is approved just file her H4 any time BEFORE her I-94 expires in 2005 with form I-539
Given this situation, if my wife has to travel out of country, will there be any issues when she comes back.
---no problem, if she keeps your H1 transfer approval and also shows your H1 approval AND her passport Visa then she will get I-94 till your H1 approval notice and no need to file H4 extension as she will get I-94 till your H1 transfer approval notice.
She will be coming back on company X's H4-B papers.
----- no problem
If suppose Immigration officer at POE asks for H1-B papers, and sees that H4-B is different than H1-B, will there be any problems that we could anticipate.
----- No problem, you have changed employer and she is not tied to any employer, she is tied to YOU, better if she keep your employer letter and show ONLY if asked
Any experiences in this is highly appreciated, as I need to decide to take the offer or not.
------ if you wish you can pay for your wife H4 extension to be filed with your H1 transfer, the benefit is only that your both will get H1 and H4 extended and both will have same I-94 expiry date. even if you dont file her H4 extension now she does not have problem.
Thanks
pnarayan