H4 travel to the US while H1 transfer is in process

[gcissues1]

Hi,

I have an H1B visa with my current employer and my spouse has a valid H4 stamp on her visa based on my employment. She is overseas currently and is planning to travel to the US next weekend, leaving on Friday evening. In the meanwhile, I am starting my H1 transfer process to my new employer and they expect to file the transfer petition with the USCIS on PP by next Wednesday.

Will this be a problem for my wife at the POE? Can she travel to the US based on the current H4 stamp even though a new transfer petition has been filed? At the POE, if asked, should she mention my current employer as being my employer? Will the officer at POE know that the transfer petition has been filed and does that matter because she anyway has a valid H4 visa stamp. I ask because in previous posts, I understand that even though a transfer petition is in motion (and even if approved), I can still elect to continue to work for my current employer only and decline to join the new company. So, this should mean that it should be ok for her to travel.

Is my understanding correct? Please help.

Thanks.

[gk_2000]

Originally Posted by gcissues1

Hi,

I have an H1B visa with my current employer and my spouse has a valid H4 stamp on her visa based on my employment. She is overseas currently and is planning to travel to the US next weekend, leaving on Friday evening. In the meanwhile, I am starting my H1 transfer process to my new employer and they expect to file the transfer petition with the USCIS on PP by next Wednesday.

Will this be a problem for my wife at the POE? Can she travel to the US based on the current H4 stamp even though a new transfer petition has been filed? At the POE, if asked, should she mention my current employer as being my employer? Will the officer at POE know that the transfer petition has been filed and does that matter because she anyway has a valid H4 visa stamp. I ask because in previous posts, I understand that even though a transfer petition is in motion (and even if approved), I can still elect to continue to work for my current employer only and decline to join the new company. So, this should mean that it should be ok for her to travel.

Is my understanding correct? Please help.

Thanks.

Unless they ask for the paystubs, ho is it possible for them to determine that you are now using that H1 or not?
Assume they access their database -- what does that DB contain? That your H1 is valid --- unless your old co cancelled it .. in any case, that is unlikely, and even if cancellation is initiated it will take a few months to take effect

I am not exactly sure what they check at the PoE, but generally speaking, for H4 it shouldn't be a big deal.. But of course apply caution and keep in touch with your attorney .. if your new H1 application is still pending your spouse should have no issues IMHO