Immigration Issues/h1b transfer

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Question
my spouse's h1b visa will expire on may 30, 2010, he will apply for visa transfer soon (he is the process of finding the right sponsor). my visa is h4 and would like to travel back to the U.S. this april(1st week).
My questions:
1.  with regards to visa transfer, is it necesary to transfer to the same job category?
2. based on your wide experience,if my spouse transfer to a lesser paying job/employer, will this affect the visa transfer application or approval?
3. with the limited time left, is it necessary to apply for premium processing?
4. can i still be allowed at the port of entry to enter U.S. territory considering the status of my visa (expires on May 30,2010)
THANK YOU SO MUCH FOR YOUR HELP

Answer
Angel,
Answers:
1. with regards to visa transfer, is it necesary to transfer to the same job category?

He can transfer to any job that will qualify for an H-1B. You need to check with the attorney who files the H-1B

2. based on your wide experience,if my spouse transfer to a lesser paying job/employer, will this affect the visa transfer application or approval?

As stated above you need to check with the attorney filing the H-1B. In general the wage has to be higher than the prevailing wage determined by the Dept. of Labor.

3. with the limited time left, is it necessary to apply for premium processing?
YES
4. can i still be allowed at the port of entry to enter U.S. territory considering the status of my visa (expires on May 30,2010)
YES.

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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