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  • Urgent!! Spouse in India

    My wife and kid traveled to india on Nov 20 2010 and will return in December... who has valid Visa (Stamping on Passport) till Feb2011 from Employer A.

    Now I have transferd my H1B and H4(I539) to another Employer B and Got Approval on November 25 2010 ..

    In Return from india should they go for Stamping again ? even though they have valid stamping through my employer A. ?

    or they can come back by showing my new approval or there new I539 Approval at port of entry ?


    or can they come in with old Visa and can I apply again for I539 new new I94 ?

    Please some one suggest
    Last edited by harigoli; 11-29-2010, 04:58 PM.

  • #2
    If the visa from ANY employer is valid on the PP for a H4, they can enter using the old visa and present the NEW I797 from the current employer to get the I-94 till the new validity date of the I797 of the current employer. No new stamping is required.

    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
      If the H4 does not show any annotation, there should be no problem. If there an annotation, the visa is no longer valid since you are not working with company A any more.

      Use this information with your own judgement, I am not an immigration lawyer.

      Comment


      • #4
        Originally posted by kkinusa View Post
        If the H4 does not show any annotation, there should be no problem. If there an annotation, the visa is no longer valid since you are not working with company A any more.

        Use this information with your own judgement, I am not an immigration lawyer.
        Incorrect info above. Annotation does not matter.

        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


        • #5
          Annotation does not matter even for the H1 Visa.
          This is my opinion and not legal advice.

          Comment


          • #6
            Should they carry my New I797 Original Or Xerox is enough ?
            They also got there I539 Approval till my I94

            Comment


            • #7
              Usually a copy is good enough. But if they can, let them carry your original I-797 (Just in case).

              Originally posted by harigoli View Post
              Should they carry my New I797 Original Or Xerox is enough ?
              They also got there I539 Approval till my I94
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment

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