Dependents travel to US for first time with previous H4 (after H1B transfer)

[VictorWilliams]

Hi, I think mine is the first case of its kind. Previously I was working for an employer in US on H1B and my wife also got H4 along with me but so far she has NEVER COME TO US so far even once. She is still in India. I have been working here alone in US in H1B for the past 1.3 years. Couple of months back, I moved to another employer and my H1B got transferred and I also got the LCA for my new employer and new location. Now, my question is, can my wife travel to US for the very first time, with the H4 that she got from my previous employer? I think the answer for this is "no" and I think I again have to fill new DS-160 forms for her and she has to go for PA and get another H4 visa. Am I correct? Or else if she can come to US for the first time even with the previous H4 visa that she got along with me in India, then what additional documents she would need (like photocopies of my current I797, LCA, etc) and do I need to request my current employer to do anything for my dependents (like H4 transfer or applying for new Visa etc)? Also, in case if I have to go to India to bring her (due to her personal health constraints), then should I go for stamping again in India? I basically got this doubt since one of my friend told me that a H4 Visa is solely for the purpose of entry into US and it is not restricted to any employer (who sponsored for the H4) and dependents only needs to carry the most recent I797 and LCA photocopies of the H1B holder. Request you all to kindly help me regarding this. Thanks a lot.

[kadkhiq81]

Dependents travel to US for first time with previous H4 (after H1B transfer)

Your case is not the first case of it's kind and your friend opinion is correct.

The rule is simple, it's all depend on the current stamped visa validity in the passport. If it is expired, then you have to go for stamping and if it is not during your travel, you don't have to go for stamping.

This is my opinion.

[VictorWilliams]

Your case is not the first case of it's kind and your friend opinion is correct.

The rule is simple, it's all depend on the current stamped visa validity in the passport. If it is expired, then you have to go for stamping and if it is not during your travel, you don't have to go for stamping.

This is my opinion.

Hi kadkhiq81,

Why I believe mine to be unique is because in a lot of forums I noticed our brothers asking for similar questions but in all of their cases, their dependents have already traveled to US at least once. But in my case, my dependents have never traveled to US even once but they have the H4 Visa that they got along with me.

And thanks for your thoughts. My dependent's H4 visa is valid till September 2015. What I basically want to know is can they travel now with the H4 Visa that they got from my previous employer? And what other documents from my current employer will they need (in addition to my current LCA and i797)? And my visa is also valid till Sept 2015. So I don't have to go for stamping again when I go to India to accompany my wife in the next couple of months right? Please help. Thanks.

[raghvi]

Hi, I think mine is the first case of its kind. Previously I was working for an employer in US on H1B and my wife also got H4 along with me but so far she has NEVER COME TO US so far even once. She is still in India. I have been working here alone in US in H1B for the past 1.3 years. Couple of months back, I moved to another employer and my H1B got transferred and I also got the LCA for my new employer and new location. Now, my question is, can my wife travel to US for the very first time, with the H4 that she got from my previous employer? I think the answer for this is "no" and I think I again have to fill new DS-160 forms for her and she has to go for PA and get another H4 visa. Am I correct? Or else if she can come to US for the first time even with the previous H4 visa that she got along with me in India, then what additional documents she would need (like photocopies of my current I797, LCA, etc) and do I need to request my current employer to do anything for my dependents (like H4 transfer or applying for new Visa etc)? Also, in case if I have to go to India to bring her (due to her personal health constraints), then should I go for stamping again in India? I basically got this doubt since one of my friend told me that a H4 Visa is solely for the purpose of entry into US and it is not restricted to any employer (who sponsored for the H4) and dependents only needs to carry the most recent I797 and LCA photocopies of the H1B holder. Request you all to kindly help me regarding this. Thanks a lot.

Its not a unique case, there have been numerous instances where in the H1 stays in US, shifts jobs and later on family travels on H4. But as mentioned by the other senior member, they can travel as long as H4 visa in their passport is valid. There is nothing called as H4 transfer. They can travel with your LCA and latest petition details.

If you travel, you dont need to got for visa stamping you can re enter US using existing visa and latest petition .

This is my opinion not legal advice.

[VictorWilliams]

Its not a unique case, there have been numerous instances where in the H1 stays in US, shifts jobs and later on family travels on H4. But as mentioned by the other senior member, they can travel as long as H4 visa in their passport is valid. There is nothing called as H4 transfer. They can travel with your LCA and latest petition details.

If you travel, you dont need to got for visa stamping you can re enter US using existing visa and latest petition .

This is my opinion not legal advice.

Excellent. Thanks......

[krishna612]

Can you please update, if you were able to travel back with your dependent. I have a similar situation.

My wife has got her H4 Visa stamped on Feb 2014 and has validity till April 2015, but she couldn't travel with me to US as she had to complete her studies.

After reaching back at US, I switched my Company A(H1B valid till April 2015) and got my H1 transferred to Company B(H1B valid till Feb 2017).

Company B didn't apply for H4 transfer during my visa transfer.

I am planning to bring my wife to US by September 2014. Am confused on if she need a new H4 petition or if she needs to attend the interview again.

Request you to please please share your experience at Port of entry

[coolmesh84]

Hi, any updates on this? Were your dependents able to travel back to US without any issues at POE?

Thanks,
coolmesh84

[sam_2015]

Hi coolmesh84, krishna612, VictorWilliams,

Can you pls. share your experience on this case. Were you able to manage to get your family on the H4 stamped by the previous co. or did you go in for a new H4 stamping? I am into a similar situation and seeking suggestions.

Regards,