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H1-B transfer and H4 visa while out of US

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seenu

Junior Member
What is the name of your state? New Jersey

Hi

I am working for company A on H1-B visa and recently got an offer from company B and they are willing to transfer my visa. Only problem is I am going to India to get married and had scheduled an appointment for my wifes H4 visa as well during the same period ( as at that time I had not received an offer from company B and was hoping to get the H4 done by producing the documents from company A). I have been given a joining date by company B which is a week after I return to US from my trip to India . Now my question is, would there be any problem in my wifes visa if I start the process of transfering my visa before I leave for India, or should I start the process once her visa is stamped ?
Also, can I start the process of transfering my visa while I am in India or do I have to be here in US to do it ? Or can I transfer my visa but still show company A documents for my wifes H4 and our entry in to US as I would still be working for company A since I intend to put my papers only after coming back to US.
Please do let me know if there can be any other complications.

Thanks

Seenu
 


ImmigAttyLana

Senior Member
YOur wife's H-4 visa will be issued based on the fact that you work in H-1B status, regardless of which employer since her status is dependent on your STATUS and not on your employer.
 

ImmigAttyLana

Senior Member
Yes, of course.
Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

seenu

Junior Member
would I or my wife need to carry any additional documents if the visa transfer is done before I leave for India, even though I wont be quiting my present comapany until I return or for that matter join the new company as well.

Thanks
Seenu
 

ImmigAttyLana

Senior Member
No because the visa transfer is really not even an issue at this point if you are continuing to work for the original employer.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

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