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h4 dependent in india while husband's h1b was transferred and extended

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  • h4 dependent in india while husband's h1b was transferred and extended

    HI

    I am on h4 visa valid until September 2011. My husband recently got transferred.His h1b also was extended for 1 year. My h4 visa stamp has previous employer's name and his previous h1b receipt number. After the transfer is done,his previous employer cancelled his first h1b.


    Can i enter US with my husband's I797? (is it okay if i carry copy of it or should i have original).

    or

    Do I have to go for h4 stamping again?

    As i have heard that h1 transfer does not affect h4.H4 remains valid until expiry(but not so sure when previous employer cancels the h1b after transfer).


    Please give me advice as i have to travel back to US as soon as possible.

  • #2
    Can i enter US with my husband's I797? (is it okay if i carry copy of it or should i have original).
    >>> Yes. Carry the original approval notice.

    or

    Do I have to go for h4 stamping again?
    >>> No need to get the H4 visa stamped again if you already have a valid H4 in your passport by the time you return back.

    As i have heard that h1 transfer does not affect h4.H4 remains valid until expiry(but not so sure when previous employer cancels the h1b after transfer).
    >>> It doesn't affect the H4.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi Shervin

      Thank you for the advice.I have one more question.

      If the previous employer has cancelled the h1b before the new employer filed for transfer(still h1b is transferred and extended).

      Can I enter US with my previous h4 visa which has expiry date until September 2011?(along with his new I797)

      or

      Do I have to go for h4 stamping again?

      Thanks in advance.

      Comment


      • #4
        Visa in your passport is not tied to the petition (which may have been revoked). H4 Visa is not tied to the employer anyway, only to the spouse/parent.
        This is my opinion and not legal advice.

        Comment


        • #5
          So I can return to US without going for stamping again,am i right?

          Comment


          • #6
            You keep asking the same question again and again. As long as the H4 visa in your passport is valid as of the date of return to U.S, you don't need to get the H4 visa stamped. By showing the latest approval notice of your spouse at the POE, you will get an I-94 matching the expiry date of the H1B approval notice.

            Originally posted by csu1357 View Post
            So I can return to US without going for stamping again,am i right?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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