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  • Question on H4 stamping

    Hi,

    Please help me with this important H4 stamping related question. I'm on valid H1-B, working for an Atlanta based MNC. Six months back, I was working for a different company, and when I switched jobs, my H1-B transfer was promptly taken care of by the corporate attorneys. The H1-B stamping on my passport that belongs to the previous employer is valid till Feb 2010. During the job transfer, we were told that my wife's H4 didn't need to be transferred, and even her current H4 stamping is valid till Feb 2010.

    Now we're making a trip to India next month. I'm planning to appear for Visa stamping using the new I-797 from my current company. Can my wife use the existing H4 stamping to travel & come back or does she need a new stamping because I changed my employer? If she needs a new stamping, what papers are needed? From what I read from internet, H4 doesn't need a transfer & the employer on the Visa doesn't matter. Is that true?

    I highly appreciate your response on this.

    Regards,
    Senthil.

  • #2
    Neither you nor your wife need a visa stamp if your earlier visas are valid. Read the FAQs.

    You can enter with old visa and 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.

    Comment


    • #3
      Thanks for your reply. Actually my wife recently converted from H4 to F1 within the US. She'll appear for F1 visa stamping in Chennai when visiting India. Now if her Visa stamping gets rejected for whatever reasons, will she still be able to use the H4 stamping to come back with me?

      I am under the impression that when her F1 visa stamping is rejected, she is entitled to her H4 status and can use the stamping (exp 2010) to come back. Am I right?

      Regards,
      Senthil.

      Comment


      • #4
        Yes, that is correct. Sometimes, VOs tend to mark the visas canceled prior to the interview. If that happens and F1 gets denied, she might have to reapply for the H4. If the H4 is left intact, she can return on it even after a F1 denial.

        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.

        Comment

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