Travel while H1B Transfer & Extension Pending

h1b-transfer

(SNR) #1

Hi Anil,

My wife is in H4 and would like to travel to India during my Employer A’s extension applying in Mar 2019 (Likely in Premium Processing since same employer & no change in job) & Employer B’s H1B transfer (New Job) applying in Mar 2019 using regular. Could you please explain the risks on this scenario?

We’re filing H1B Extension & Transfer with H4 Extensions & EAD renewals together with both employers simultaneously. Her current H4 and EAD valid until 24th Sep 2019. Planning to return in July 2019.

BTW, I’m (H1B) not traveling in this case.


(Anil Gupta) #2

H4 can travel but her H4 extension might not be approved since she is going out of USA.

You might also receive an RFE to prove the H4 status for H4 EAD.

H1B transfer will not affect the H4 travel and your wife would need a valid H4 visa in her passport to re-enter USA.

My suggestion is not join the new employer until the transfer is approved.

More info on travel while H4 EAD is pending:


(SNR) #3

Anil,

Appreciated for the prompt response. From my understanding H4 will not be approved in Premium processing with my current employer A. But she will be back before the decision made on H1B Transfer with the new employer B. Is there any chance to get approved?

If she travel after get approved H4 extension with Premium with Employer A, meanwhile H4 pending with New Employer B… Can she get stamped based on Employer A and return to USA?.. I’ll be working with Employer A until the new one get approved.


(Anil Gupta) #4

H4 extention of status

H4 extention of status application is meant to extend your H4 status while you continue to stay in US.

Continue status means that you are requesting a new i94 without leaving USA.

Now, if your wife travels outside USA, she is herself choosing to get a new i94 on her return.
Isn’t it?

Does that help understand the concept of extention?

USCIS may still approve her H4 but chances are low. Sometimes they don’t get the data about person’s exit from US and hence they might still approve H4 extention.

H4 Visa Stamp

Your wife can use get H4 stamped using old Employer approved H1B i797 if it is still valid.


(SNR) #5

Yes. I can understand the concept. Thank you much!

One more last question!.. If I send my H1B approved papers to my wife while she is in India, can she get her H4 stamped by using Dropbox?..


(Anil Gupta) #6

If she is eligible for dropbox, then yes.


(SNR) #7

Great! Appreciated for your valuable answers!