Hi,
I came in US with H4 visa valid till Sept'2014. My visa was filled by my husband's company say company X. In Apr'2012 I filled for H1B visa with the help of a consultant. By the time I got my H1B petition approved, my husband left Company X and joined a new company say Company Y. New company has transferred my husband's visa but we didn't transfer my H4 visa to my husband's new Company Y because my H1B was already approved.
Around the same time we came to know that I am expecting a baby so I haven't started working on H1B and my consultant has not filled 'Change of Status' till now.
Current status is - My husband's H1B got transferred to new company. I am still holding H4 visa which was filed by my husband's old company (Company X). I also have H1B approved petition but haven't filled 'Change of status'. Our current visa and I94 is valid till Sept'14.
My question - If I will go India on vacation in Dec'13 and come back on Jan'14.
Question.1 - Can I come back on same H4 visa (filled by Company X) as it is still valid till Sept'14.
Question.2 - Can I transfer my H4 to my husband's new company (Company Y) and travel to India and come back on old visa and show new I-797 on port of entry?
Question.3 - If answer to my first question is NO, Do I have to go for stamping in India and come back on H1B?
I am in big confusion right now. Any inputs will be greatly appreciated.
Thanks,
Divya
I came in US with H4 visa valid till Sept'2014. My visa was filled by my husband's company say company X. In Apr'2012 I filled for H1B visa with the help of a consultant. By the time I got my H1B petition approved, my husband left Company X and joined a new company say Company Y. New company has transferred my husband's visa but we didn't transfer my H4 visa to my husband's new Company Y because my H1B was already approved.
Around the same time we came to know that I am expecting a baby so I haven't started working on H1B and my consultant has not filled 'Change of Status' till now.
Current status is - My husband's H1B got transferred to new company. I am still holding H4 visa which was filed by my husband's old company (Company X). I also have H1B approved petition but haven't filled 'Change of status'. Our current visa and I94 is valid till Sept'14.
My question - If I will go India on vacation in Dec'13 and come back on Jan'14.
Question.1 - Can I come back on same H4 visa (filled by Company X) as it is still valid till Sept'14.
Question.2 - Can I transfer my H4 to my husband's new company (Company Y) and travel to India and come back on old visa and show new I-797 on port of entry?
Question.3 - If answer to my first question is NO, Do I have to go for stamping in India and come back on H1B?
I am in big confusion right now. Any inputs will be greatly appreciated.
Thanks,
Divya
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