Enquiry on H4 visa

[aurelelobof]

I am in H1 and just moved to another company with approved visa. As my wife h1b visa petition is in progress, I didn't apply for h4 transfer. Still she didn't get her visa approved. We plan to go India for vacation during Jan. Does she need to appear for h4 visa stamping or she can travel back with existing h4 visa. Pleas help.

[shervin143]

There is no such thing as H4 transfer. If your wife leaves the country before getting a decision on the COS from H4 to H1B, the COS will get denied. If she decides to return back and be a dependent, then she can return back on H4 status. If she returns back on H4 visa, she cannot work. She can use her existing H4 visa to re-enter.

[aurelelobof]

Enquiry on H4 visa

Thanks Shervin. But is there any possibility to re apply for COS alone, after coming from India? Also my visa moved to employer2, whereas her H4 belongs to still my employer1, so still she can use that visa right?

[shervin143]

But is there any possibility to re apply for COS alone, after coming from India?
>>> A COS can be filed from H4 to H1B again. It is the whole process of changing status. It will cost the same as the first time.

Also my visa moved to employer2, whereas her H4 belongs to still my employer1, so still she can use that visa right?
>>> H4 does not belong to any employer. H4 is based on your H1B status. As long as you are in H1B status, she can enter in H4 visa irrespective of who your employer is. You changing employer will have no impact on your wife's H4 status or H4 visa. So she can use her existing visa to re-enter.

[aurelelobof]

Enquiry on H4 visa

Thanks a lot Shervin. Have a great day.