H4 transfer related query.. please help

[mukesh.jaiswal]

Hi,

I am going to join another company and that company is filing for my H1 transfer next week. My wife and daughter will be traveling to INDIA after 20 days for 3 months trip, should I apply for their H4 transfer along with my H1 transfer or I apply for H1 transfer now and when they are back from INDIA apply for their H4 transfer.

I have heard if I apply for H1/H4 transfer same time and if during the transfer period my wife and daughter leave US, the petition become invalid.

Can someone please give some input in this.

thanks
Mukesh

[Murali]

1.H4 trnafer is not requried and not necessary, H4 is depends.
So You can apply for your H1 transfer, and once you receive the approval of new H1 send the copy to them so they can apply for new Stamp based on the new H1 if you want, or else if thier old visa is still valid they can travel on the old visa but must carry the copy of your new H1 approval need to show at POE while entering back to USA after their trip.
You may also consult this with your new Employer's lawyer who is filing your H1 transfer.