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H4 stamping when H1 get transfered to new employer

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  • H4 stamping when H1 get transfered to new employer

    I am currently on H4 Visa.
    My Husband got his H1 Extension approved last month for another 3 yrs. Same applicable to my H4 status also as i am dependent on his h1 Visa. We are planning to Visit our country for get our VISA stamp very soon plus vacation.
    Now, between now and until we go to India for vacation my husband has a chance to change his job and apply for H1 transfer process. My question is:
    Can I, on my H4 visit to my country while his H1 Transfer process is going on and get my H4 Visa stamped which is owned by his old employer?
    Also, what normally is the effect of any H1 transfer on the dependent H4?

  • #2
    You are a dependant of H1B, H1B employer has NO ownership or whatsoever. Even if your spouse is changing employers, you can freely travel and/or apply for a visa. However, if you are aplying for a visa based on new H1B, you may have to wait for an approval.

    If you happen to apply before your spouse receives approval: carry a letter from new employer, H1B receipt and previous approval notice. Please refer to my other posts to learn more about status issues while under change of H1B Employer.

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