Travelling with old H1B

[sdimmigrant]

I am not sure if there is an existing thread with my situation, but I need immediate help, so please consider replying to this thread, if you happen to know what I can do. Here's my situation:

I am on H1B. I recently changed jobs in January. My previous H1B is still valid (Passport stamped as well) and I also have the new I-797 from my current employer. I am travelling to India in 4 more days. I know I can get through immigration with my old H1-B and new I-797. But I do NOT have a new I-797 for my wife's (H4 visa). Can she get through immigration? All she has is a visa on her passprt that is still valid, but not with current information. We have a 3 year old baby (US Citizen) as well. Does that help her case?

My options:
1. Not mention a word about my new employer. Just use the old visa for me and my wife. Is that risky? Can they find out just by swiping my passport?
2. Use my new I-797 for me, but offer explanation for my wife for the lack of it.

#2 does not sound convincing, but is #1 an option?

[shervin143]

I see absolutely no issues with your case. You can enter U.S with the new H1B approval notice (I-797) and your old valid H1B visa (Even through it is stamped under the previous employer's name). Your spouse doesn't need an approved I-797 for H4. All that she needs is a valid H4 visa in the passport and your latest I-797 to get an I-94 matching your renewed approval notice. You might want to carry other supporting documents like marriage certificate to prove your relationship.

[sdimmigrant]

Thank you very much!!

It was just the answer I was hoping for. The reason for my suspicion is that I have seen I-797 issued with my wife's name on it. But for my latest petition, I only got one for me.

[shervin143]

Well, that is because the new employer would have only filed your H1B transfer petition and not your spouse's H4 extension. Some employer will file both together so that both the H1B holder and his/her H4 holders will have the same I-94 expiry date. In your case, since you are anyways leaving the country, there is no point in filing the H4 extension. Upon your return, both of you will get the same I-94 expiry date at the POE based on the primary H1B holder's approval notice.

Thank you very much!!

It was just the answer I was hoping for. The reason for my suspicion is that I have seen I-797 issued with my wife's name on it. But for my latest petition, I only got one for me.