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Old H1B visa is expiring & sponsoring dependent VISA

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  • Old H1B visa is expiring & sponsoring dependent VISA

    Hi ,

    Thanks for the excellent service....

    My H1B visa stamp is on my previous employer's name which is expiring in the first week of May 2009 but my current employer's approval notice I-797A is valid till April 2010.I do not have new visa stamp on my current employer's name.I am planning to travel India for my marriage in Feb 2009 and come back in the first week of March 2009.I am also planning to bring my wife along with me on dependent visa.

    My questions are,

    1.By the time when my wife go for H4 visa stamping in India,I will be in India and my H1B visa from my previous employer will be valid for only 2 months ( valid till May 2009 ) but my current I-797A will be valid for 14 months ( valid till April 2010 ).Will my wife face any problem in getting dependent visa as my old visa is expiring soon.Do I need to have new visa stamp on my current employer's name to get H4 visa for my wife.What are the documents she need to carry at the time of interview.

    2.Can I come back to US with my old visa and with my new I-797A.By the time when I reenter USA, my old visa will be valid for only 2 months and my new I-797A will be valid for 14 months.Will I face any problem at the POE as my old H1B visa is expiring soon.Suppose what happens if the old employer does not exist or blacklisted.Can I still use my old employer's H1B visa with approval notice I 797A from current employer to enter US ?

    Really appreciate your help on this.

    Thanks
    Ragabc

  • #2
    1. Your old visa is not an issue. Your current I797 and employment is the basis for your H4 visa.
    2. Read the FAQs and do yourself a favor of educating about the process.I have the link in my signature for your convenience. You present the new I797 at entry and get the I-94 till the DOE of new I797.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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