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Posted on 14 Jul 2010
Q.

New H1 but wife having old H4 stamp in India

Hello,

I'm currently moving to a new employer and will have my H1B transferred. But my wife and son (US born) are in India, so i was told H4 transfer cannot be applied along with my H1B transfer. I have following questions on H4
1) Can my wife enter USA on her already stamped H4 against my old H1B? What kind of documents does she needs to submit at the port-of-entry? She currently has stamped H4 & I-94 until February-2011.
2) What documents do i need to submit to get H4 stamp against my new H1B? I plan to visit India for stamping in October so plan to take her along with me to the consulate.

Currently i'm on H1B 6th year (valid until Feb-2011) and need to get an extension through I-140. Not sure if this complicates the above situation.Hope my US born son will have no issues.

User's Location: Santa Clara, California, United States of America
Category: H1B Visa (Work Visa)
Posted on 14 Jul 2010
A.
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User_thumb_5919_Photo_Elizabeth_Chatham

Elizabeth Chatham
Immigration Lawyer
Elizabeth Chatham, PLLC
(602) 759-1880

www.chathamlegal.com

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