changed employer on h1b and wife's h4 is still linked to old employer

[puneetm]

Hi All,

I really need the advice on this one. I used to work for Company A and I had my H1 stamped through Company A. My wife's h4 visa also has Company A name on it.

She went to india and I changed employer to Company B. Company B started my request to transfer the visa and I got the receipt notice. I moved to new employer and started working on Company B Payroll.

My old h1b is still active and it hasn't been revoked yet as my old employer confirmed this.

My question is, My wife wants to travel to US on the old H4 visa carrying the receipt notice.

Can she still do that? Some people are telling me that she can't come like this and will be deported and some people tell me that there won't be any problems, but she needs to carry all documents.

I am going crazy over this, please help.

Regards,

[raghvi]

Hi All,

I really need the advice on this one. I used to work for Company A and I had my H1 stamped through Company A. My wife's h4 visa also has Company A name on it.

She went to india and I changed employer to Company B. Company B started my request to transfer the visa and I got the receipt notice. I moved to new employer and started working on Company B Payroll.

My old h1b is still active and it hasn't been revoked yet as my old employer confirmed this.

My question is, My wife wants to travel to US on the old H4 visa carrying the receipt notice.

Can she still do that? Some people are telling me that she can't come like this and will be deported and some people tell me that there won't be any problems, but she needs to carry all documents.

I am going crazy over this, please help.

Regards,

As long as she carries the approved I797 copy of the employer you are working with when she returns she should be fine.

This is my opinion not legal advice.

[puneetm]

Urgent -- thanks for replying but

Hi Raghvi,

My transfer is still pending to company B. I have the receipt notice but the visa approval hasn't come yet.

I have joined Company B on their payroll already. My wife has H4b stamping with the old employer(Company A) not the new one.

Can she travel with the old employer stamping with the Receipt notice (not I797 Approval but Receipt notice). What documents she needs to be carrying if she needs to travel.

Thanks,
Puneet

[raghvi]

Hi Raghvi,

My transfer is still pending to company B. I have the receipt notice but the visa approval hasn't come yet.

I have joined Company B on their payroll already. My wife has H4b stamping with the old employer(Company A) not the new one.

Can she travel with the old employer stamping with the Receipt notice (not I797 Approval but Receipt notice). What documents she needs to be carrying if she needs to travel.

Thanks,
Puneet

She cant attend the interview with only the receipt. She would need I797 approval copy.

This is my opinion not legal advice.

[puneetm]

Can she travel? - Urgent

Hi Raghvi,

Can she Travel on the H4 stamping with old employer though(it's not expired yet)??, carrying the receipt notice ?

Can she travel with the old employer stamping with the Receipt notice (not I797 Approval but Receipt notice). What documents she needs to be carrying if she needs to travel.

Thanks,..
Puneet

[raghvi]

If she travel with only the old receipt notice she will most probably be given I-94 only till the earlier petition end date. I would strongly suggest travel only after petition approval . You can upgrade to premium to speed up the process.

This is my opinion not legal advice.

[puneetm]

.

If she travel with only the old receipt notice she will most probably be given I-94 only till the earlier petition end date. I would strongly suggest travel only after petition approval . You can upgrade to premium to speed up the process.

This is my opinion not legal advice.

Thanks, and would she be likely to be deported from the airport because she's travelling on the old H4 while my transfer is in progress and not approved?? I already left my old employer and new employer is generating my pay stubs.

[Xris74]

Thanks, and would she be likely to be deported from the airport because she's travelling on the old H4 while my transfer is in progress and not approved?? I already left my old employer and new employer is generating my pay stubs.

Play it safe dude. I would also recommend you to wait until your petition is approved so your wife can have her visa stamped under your new H1B visa. Imagine the following scenario: your wife is admitted under the old H4 visa, and down the road your old employer cancels your previous H1B with no warning. Your wife's visa will be automatically canceled, and she will be out of status immediately, and it might cause you problems in case you need to renew your visa in the future.

Another thing: Showing the immigration agent the receipt notice and the old H4 will raise so many questions that most likely your wife will be detained at the airport until they get ahold of your old employer and confirm that you're no longer working for them (You might have a good relationship with your old employer, but I don't think they will lie to an federal immigration agent). She can stay in the airport for hours until they sort this mess out, but eventually they will put her in a plane back to your home country...

Disclaimer: Not an immigration lawyer.