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H4 stamping with Old employer, H1B stamping with New employer

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  • H4 stamping with Old employer, H1B stamping with New employer

    Hi,

    Below is my current situation.
    My wife is coming down to India by febrauary, her old H1B visa got expired and now she is employed with new employer in US. She would be getting her H1b stamped with new employer.
    I have H4 Visa stamped with her old employer and valid untill Sep 2016. Currently iam not in India, so cannot accompany her for my new H4 stamping.
    She would be returning to US by end feb and later i would be travelling to US by march.

    My question is, Is the old H4 visa stamped on my passport ( valid untill sep 2016) and her new I 797 document enough to travel to US or do i need to get the new stamping done from her new employer.

    please answer whether I can travel or not.

  • #2
    Your old H4 visa along with her new H1B approval notice is enough for you to travel to U.S. Keep in mind the VO might issue the I-94 only till your visa expiry date. If you want the I-94 to be issued till the new H1B approval notice expiry date, then you should get the visa stamped based on the new petition.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks you Shervin

      Originally posted by shervin143 View Post
      Your old H4 visa along with her new H1B approval notice is enough for you to travel to U.S. Keep in mind the VO might issue the I-94 only till your visa expiry date. If you want the I-94 to be issued till the new H1B approval notice expiry date, then you should get the visa stamped based on the new petition.
      Thank you shervin. I have my H1B petition approved , so once iam in US, will apply for a COS.

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      • #4
        Ok, then no issues. You can use your old H4 visa to re-enter U.S.

        Originally posted by jagadeshbabu View Post
        Thank you shervin. I have my H1B petition approved , so once iam in US, will apply for a COS.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Same situation..

          Originally posted by shervin143 View Post
          Your old H4 visa along with her new H1B approval notice is enough for you to travel to U.S. Keep in mind the VO might issue the I-94 only till your visa expiry date. If you want the I-94 to be issued till the new H1B approval notice expiry date, then you should get the visa stamped based on the new petition.
          ? i entered US with old h4 and new h1 b approval notice.. should i apply for i 539 and get dates updated or travel out of country and get it stamped to match employer or can i wait till my i 94 expiry and submit extension.. please help..

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