does spouse need H4 Transfer

[Saurabh85g]

Hi,

I was with employer A and changed my job with Employer B. My H1B transfer was approved and I have received my I-797A from USCIS specifying my B employer. B employer already transfer the H4 for my wife too. I am planning to switch to company C and my C company is saying there is no requirement to transfer her H4 Visa.

Me and my wife have new I-94 which is valid till Sept 2016 with Employer B and at our passport visa has stamped with Employer A till Sept 2014. If she will travel alone after Sept 2014 to India,

1)Will She need a new H4 visa from employer C.
2)Will she need to go for Visa stamping with my new I-797 with employer C without doing My new Visa stamping ?
3)Will I also need to stamp new Visa?

Thanks,
Saurabh Gupta

[raghvi]

Hi,

I was with employer A and changed my job with Employer B. My H1B transfer was approved and I have received my I-797A from USCIS specifying my B employer. B employer already transfer the H4 for my wife too. I am planning to switch to company C and my C company is saying there is no requirement to transfer her H4 Visa.

Me and my wife have new I-94 which is valid till Sept 2016 with Employer B and at our passport visa has stamped with Employer A till Sept 2014. If she will travel alone after Sept 2014 to India,

1)Will She need a new H4 visa from employer C.
2)Will she need to go for Visa stamping with my new I-797 with employer C without doing My new Visa stamping ?
3)Will I also need to stamp new Visa?

Thanks,
Saurabh Gupta

One needs a valid visa to enter US. One needs a valid I-94 to stay in US. Both are two different things. Every time you leave US, you should hand over all I-94 in your possession at the Exit point. Every time you enter US you would be given a new I-94 base don your visa/I797/passport expiry. What you and your spouse currently have is the validity to stay in US till Sep 2016. But after Sep 2014, if either of you travel out of US, would need to go for stamping in order to get new visa to be allowed entry.
1. Not before Sep 2014, but after Sep 2014 if she wants to travel into to US ,Yes.
2. Yes after Sep 2014, if she wants to re enter US.
3. You would need new stamp to re enter US only if you travel out of US after Sep 2014. But there have been rare cases when the spouse has also been asked to appear for the visa interview.

This is my opinion not legal advice.