spouse travel during a h1 transfer process

My H1 transfer is in RFE status but my wife needs to depart this country on 30th of december. Is it possible? or she should not travel till a decision is made?


What about her H-4 visa stamp? When is that expiring? Are you working for old employer or new employer?

I initially came in L1 and converted to H1. She only has an L2 stamp and not a H4 stamp.

When you say H-1 transfer, are you referring to L-1 to H-1 COS, or are you already on H-1 and now filing H-1 transfer to another employer? If former, I assume you are still working for L-1 employer. If latter, are you working for old H-1 employer or new H-1 employer? Need some more information before I can answer.

Hi Saurabh, sorry for the insufficient information.
I came to US in apr 2011 in L1. My COS was in dec 2011 where my wife and kid moved to H4 from L2. I was in H1 with one of the employer A till june 2012 and then moved to another employer B. Now I am back to emp A as of Dec 2012. My wife and kid only have a L1 stamp and not H4 stamp. I am currently working for the new H1 employer and my petition is not approved yet. I jioned based on EAC. Now they are planning to leave US and i am planning to send all approved documents for their stamping.

So A’s latest petition is still pending and the family needs to go for H-4 stamping. IMO, they should have the copy of latest approved petition at the time of stamping.

Why don’t you upgrade your current petition to PP so that you get a quick result and then send it to your family.