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travel to USA valid H4 visa from husband's Ex-employment

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  • travel to USA valid H4 visa from husband's Ex-employment

    Hi

    I am traveling from United States to Hyderabad,India in Oct, 2009 and returning to US in Jan, 2010.

    I am on H4 visa got stamped in Hyderabad, India in Nov, 2007 and expires in Oct, 2011.
    May, 2009 my husband changed his job from Company A to Company B. My husband's H1B transfer and I539 for spouse(myself) filled and approved until Aug, 2012. We both got I-797A(H1b holder) and I-797C(Spouse/me) approval forms.

    Last time I got stamped in Hyderabad in Nov, 2007 with his company A H1b visa I-797A form (expires Oct, 2011)and other required documents.
    Now I want to travel to India and come back to United States with same H4 visa, Do I need to go to US Embassy in India and get stamped by showing my husband's Company B(current employer) Documents.
    or
    I can come to United States with my present H4 visa stamp which is expiring on Oct, 2011. But H1b petitioner (my husband) number has changed. (As you know each visa as different number).

    I appreciate your answers

    Thanks and regards
    Sanju

  • #2
    You can use the existing H4 visa. No need to go for stamping. Just carry the latest I-797A and I-797C approval forms.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by unsanjana View Post
      Hi

      I am traveling from United States to Hyderabad,India in Oct, 2009 and returning to US in Jan, 2010.

      I am on H4 visa got stamped in Hyderabad, India in Nov, 2007 and expires in Oct, 2011.
      May, 2009 my husband changed his job from Company A to Company B. My husband's H1B transfer and I539 for spouse(myself) filled and approved until Aug, 2012. We both got I-797A(H1b holder) and I-797C(Spouse/me) approval forms.

      Last time I got stamped in Hyderabad in Nov, 2007 with his company A H1b visa I-797A form (expires Oct, 2011)and other required documents.
      Now I want to travel to India and come back to United States with same H4 visa, Do I need to go to US Embassy in India and get stamped by showing my husband's Company B(current employer) Documents.
      or
      I can come to United States with my present H4 visa stamp which is expiring on Oct, 2011. But H1b petitioner (my husband) number has changed. (As you know each visa as different number).

      I appreciate your answers

      Thanks and regards
      Sanju
      -- You can travel with valid current visa, with copy of your spouse H1B holders I797A, your I797C. Don't go in depth of visa stamp or written any code, any company name on visa stamp, your visa is valid.
      -- OMM

      Comment


      • #4
        Thank you very much for your replies.

        I looked at some websites. They are saying that my passport has h4 stamp with my husband's previous employer, where he is no longer working. Could you tell me my h4 stamp is a valid document to carry at port of entry in the US with my husband's H1b approval I 797A and my H4 approval paper I 797C.

        I confused with all the information. Could you provide some more information or article.

        Thanks in advance
        Sanju

        Comment


        • #5
          You are asking the same question again and the answer still remains the same. You don't need to get the visa stamped again. This isn't just for H4. It's same for H1B as well. As long as you carry the recent I 797A and I 797C approval notice with an unexpired H4 visa (Doesn't matter if it has the previous employers name on it), you are good.

          Google for "H1B visa stamp after employer change" (h1b or h4, it's all the same) and read all the related posts. I am just copying one below.

          If the H1B employee has an unexpired H1B visa stamp in the passport with a prior employer, that visa remains valid until its expiration date for use at the time of reentry from abroad to work with a new H1B employer. Of course, the new H1B employer has to file and obtain a new H1B petition approval for that employee to work at its work location/s. Even though the visa stamp will contain the name of the prior H1B employer, it may be used at the time of entering the United States with the H1B petition approval of the subsequent H1B employer / sponsor, as long as the H1B employee is eligible for entry in H1B status. The important thing to remember here is to request that the POE Inspector stamp the I-94 card valid until the date of the H1B approval notice with the present employer and not the earlier visa validity date stamped in the passport with the earlier employer. To avoid this problem, some H1B employees prefer to obtain a new H1B visa stamp from a U.S. consulate. This new visa stamp carries a notation with the name of the new employer and a new validity date.

          Last edited by shervin143; 09-17-2009, 03:03 PM.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Originally posted by unsanjana View Post
            Thank you very much for your replies.

            I looked at some websites. They are saying that my passport has h4 stamp with my husband's previous employer, where he is no longer working. Could you tell me my h4 stamp is a valid document to carry at port of entry in the US with my husband's H1b approval I 797A and my H4 approval paper I 797C.

            I confused with all the information. Could you provide some more information or article.

            Thanks in advance
            Sanju
            -- Did you travel before on H4 to USA?
            please understand the meaning of Visa stamp first. your visa is valid so, you can travel with necessory documents, that is copy of I797 of your Hubby and yours I797C, if you travel with some client or employer offer letter & pay stubs its plus but not mandatory.

            please read more on H4 visa section of immihelp.
            --- OMM

            Comment


            • #7
              Foreign affairs manual is what you need to dig into or google for. This also applies for H4. Go talk to a lawyer if you need more confirmation.



              9 FAM 41.53 N8.3-3 Validity of H-1B When There is a
              Change of Employer
              (CT:VISA-1041; 09-26-2008)
              a. After changing H-1B employers in accordance with DHS procedures for
              making such a change, an H-1B visa holder may continue to use his or
              her original H-1B visa for entry into the United States. Upon applying for
              entry, the visa holder must present the new Form I-797, Notice of Action,
              evidencing the approval of the change of employer in addition to the visa.

              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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