Legal Question in Immigration Law in California

H1 Visa stamping in Home country with new company.

I am working for company ''A'' on H1 visa and a company ''B'' wants to apply for my Visa Transfer under premium processing. I have my wife and a daugter in India. As I am going to India on 23rd of August, I can not send my passport for new Visa stamping to Washington. Can I obtain my new Visa with company ''B'' in India? What documentation I need to prepare to apply for my Visa in India? I need to apply Visa for my wife and daughter also.

Can I get my H1 approved under premium processing with in three weeks?


Asked on 7/31/02, 3:31 pm

2 Answers from Attorneys
Anja Freudenthal Immigration Law Office of Anja Freudenthal

Re: H1 Visa stamping in Home country with new company.

You will need to ask your new employer to file your H-1B and your wife's and child H-4 petition together under premium processing. INS will then adjudicate both under premium processing. Do not send them separately. If you do, your dependent's will have to wait for their H-4 approval while yours has been approved.

After INS approves your H-1B and H-4 application, which should take only about 15 days under the premium processing, you will have to take your entire H-1B (and H-4) application, including the approval notices, and present them to the US consulate in India to apply for the visa.

Good luck.

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Answered on 8/01/02, 12:05 pm
Fariba Faiz Law Offices of Fariba Faiz

Re: H1 Visa stamping in Home country with new company.

Yes. You should have the approva/response within 15 business days of filing with the INS. You will apply for your wife's derivative H-4 at the consulate.

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Answered on 7/31/02, 4:16 pm


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