H4 dependent restamping query

[Nand_help]

Current State

H1 application = Moved to a new employer with transfer approved and new petition in hand. At present in USA.
H4 dependent = At present, in India. Has a valid Visa stamp (valid till end of year 2016) but belongs to H1 application's previous employer.

Query = Does H4 dependent (At present in India) need restamping if H1 applicant is in US and moved to a new employer?


Question
1) Can H4 dependent travel to US with the existing Visa stamp?
2) If yes, can H4 dependent continue to stay in US till that visa expires aftering entering US?

Please suggest.

Thanks

[shervin143]

H1 application = Moved to a new employer with transfer approved and new petition in hand. At present in USA.
H4 dependent = At present, in India. Has a valid Visa stamp (valid till end of year 2016) but belongs to H1 application's previous employer.

Query = Does H4 dependent (At present in India) need restamping if H1 applicant is in US and moved to a new employer?
>>> Not required.


Question
1) Can H4 dependent travel to US with the existing Visa stamp?
>>> They need a valid H4 visa to be stamped in the passport to travel irrespective of the employer. They will need to carry your latest H1B approval notice to show at the POE (transferred petition).

2) If yes, can H4 dependent continue to stay in US till that visa expires aftering entering US?
>>> Visa is only an entry document to U.S. When they enter U.S, they will get an I-94 matching your H1B petition expiry date. They can stay until that I-94 expires. You can file H4 extensions when the I-94 is about to expire. Alternatively, when your employer files for H1B extension, they can also file H4 extensions for your dependents.

[Nand_help]

Thank you Shervin. This helps 😊

H1 application = Moved to a new employer with transfer approved and new petition in hand. At present in USA.
H4 dependent = At present, in India. Has a valid Visa stamp (valid till end of year 2016) but belongs to H1 application's previous employer.

Query = Does H4 dependent (At present in India) need restamping if H1 applicant is in US and moved to a new employer?
>>> Not required.


Question
1) Can H4 dependent travel to US with the existing Visa stamp?
>>> They need a valid H4 visa to be stamped in the passport to travel irrespective of the employer. They will need to carry your latest H1B approval notice to show at the POE (transferred petition).

2) If yes, can H4 dependent continue to stay in US till that visa expires aftering entering US?
>>> Visa is only an entry document to U.S. When they enter U.S, they will get an I-94 matching your H1B petition expiry date. They can stay until that I-94 expires. You can file H4 extensions when the I-94 is about to expire. Alternatively, when your employer files for H1B extension, they can also file H4 extensions for your dependents.