Travel while H4 extension pending

[Acschnitzer]

My spouse is on H4. I switched employer on Jan 2010 and my H1 was transferred but my employer did not file for my spouse's H4 transfer. My spouse has a H4 visa stamping from my previous employer which expiring in Sept 2011. While returning from my last travel abroad, I was told to get a H4 extension using my new I797 for my spouse. I have applied for my spouse H4 extension and its in Initial Review stage.
1. While my spouse H4 extension is pending, can me and my spouse travel abroad?
2. Does my spouse need to get visa stamping to re enter?

Please advice

Thanks

[shervin143]

There is technically no such thing as H4 transfer since H4 is not associated with any of your employers. H4 is associated with your H1B status. There was no need for you to file the H4 extension just because you switched employers. H4 extension need to be filed only when the I-94 associated with the H4 is about to expire. You can travel and re-enter back. The money spend on H4 extension is just a waste. There is no need to get the visa stamped again if the existing H4 visa will remain valid on the date of return.

[Acschnitzer]

Thanks for the explanation. Could you think of a reason why the immigration officer told me that my spouse needs proper documentation (I-797) upon re entering during my spouse next travel abroad. On our previous re entry my spouse had valid visa from my previous employer.

[shervin143]

Well, she need to carry your I-797 (approval notice) since her I-94 will be issued only till YOUR petition expiry date (Because H4 is always associated with the H1B). Her I-797 is useless once she leaves the country.

Thanks for the explanation. Could you think of a reason why the immigration officer told me that my spouse needs proper documentation (I-797) upon re entering during my spouse next travel abroad. On our previous re entry my spouse had valid visa from my previous employer.

[Acschnitzer]

Appreciate your response and explanation. Before my last travel abroad, I had the same understanding that my H1B approval is sufficient enough for my spouse to travel and re enter with me. I got very confused when the immigration officer me where is my spouse's I-797 (H4) with my new employer. When I told him I never got one, he told to make sure my spouse has one before she travels the next time. When I explained this to my employer, they told me to file for a H4 Extension. Unfortunately we have travel abroad soon. Any recommendations.

1. Should we get a new stamping although my current visa only expires in Sept 2011? Or
2. Re enter with my H1B? (Would the immigration have a record asking for my spouse I-797) or
3. Delay my spouse return until I mail to her the H4 extension?

Sorry for the too many questions. Just trying to avoid complications. Hope this tread help anyone in the same situation.

[shervin143]

1. Should we get a new stamping although my current visa only expires in Sept 2011? Or
>>> Not required. Very basic question and it is already answered in the FAQ section of immihelp.

2. Re enter with my H1B? (Would the immigration have a record asking for my spouse I-797) or
>>> Like mentioned, your I-797 is more than enough. Have you heard of any I-797 for a dependent who is travelling to U.S for the first time? Where will they go for the H4 approval notices when there was not an option to file it at the first place. I am not sure why the officer asked for I-797 associated with H4.

3. Delay my spouse return until I mail to her the H4 extension?
>>> Well, that is your call. From my experience, it is never required.

[Acschnitzer]

Thank you so much for your detailed explanation. Appreciate your time and effort. I feel more comfortable to travel now. Will post my after vacation updates.