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re enter US through valid H4 Visa

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  • re enter US through valid H4 Visa

    Hi,

    My case is little complicated. I got me H1B transferred to a new employer on Dec 2014. Now my H1B is valid till Sept 2017. My spouse and my kid has the H4 stamping through my previous employer which is valid till Dec 2015. They are now in India. They have a plan to come back in Aug 2015. In the mean time my employer is filing the H1B amendment petition due to my project location change. My queries are -

    1. Do they need to go for H4 stamping ?
    2. Do they need to wait for Amendment receipt and go for H4 stamping again?
    3. Also there is a possibility of my project completion. In that case I might need to change my employer. In case I changed my employer now, can my spouse and kid travel in existing H4B ?

    Please guide me here.

    Thanks
    Deb

  • #2
    1. Do they need to go for H4 stamping ?
    >>> Not required. They can travel using their existing H4 visa.

    2. Do they need to wait for Amendment receipt and go for H4 stamping again?
    >>> If the amendment is filed without requesting an extension, then they can go for visa stamping with your amended receipt notice (and a copy of your amended I-129). If the amendment is filed along with a request for extension, then it is advisable that they go for H4 stamping after the amendment gets approved.

    3. Also there is a possibility of my project completion. In that case I might need to change my employer. In case I changed my employer now, can my spouse and kid travel in existing H4B ?
    >>> Yes. But they will need to carry your latest I-797 approval notice to show at the POE.
    Not a legal advice. Use of this information is strictly at your own risk.

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