H1B transfer, does spouse also needs to get H4 from the new company

[h1bvisaholder77]

Hi,

I recently changed jobs and applied for a H1B transfer through my present company. My H1B transfer was approved and I have recieved my I-797A from USCIS specfying my new employer. When I inquired about the transfer for my wife H4 visa to my present employer they said that her H4 visa is valid till 2014 and she does not need a tranfer at this point of time. I have some questions on this.

1. Is it valid that I am on H1B from employer B while my wife H4 (I797A) is still with employer A?
2. My wife is planning a trip to India. Will she need a new H4 from my present employer for visa stamping (First stamping)?

Thanks

[shervin143]

1. Is it valid that I am on H1B from employer B while my wife H4 (I797A) is still with employer A?
>>> H4 is not associated to any employer. H4 is just tied to your H1B status. There is no such thing as H4 transfer. She will need to file the H4 extension only when her I-94 is about to expire. The employer name in her H4 visa or other H4 doucments does not matter.

2. My wife is planning a trip to India. Will she need a new H4 from my present employer for visa stamping (First stamping)?
>>> Not required. She can re-enter back if her existing H4 visa in the passport will be valid as of the date of her return (irrespective of the name of the employer in the visa). She will need to carry your latest approval notice (I-797) from the current employer to show at the POE.

[h1bvisaholder77]

Thanks Shervin

[Saurabh85g]

H1B transfer, does spouse also needs to get H4 from the new company

Hi,

I was with employer A and changed my job with Employer B. My H1B transfer was approved and I have received my I-797A from USCIS specifying my B employer. B employer already transfer the H4 for my wife too. I am planning to switch to company C and my C company is saying there is no requirement to transfer her H4 Visa.

Me and my wife have new I-94 which is valid till Sep 2016 with Employer B and at our passport visa has stamped with Employer A till Sep 2014. If she will travel alone after Sep 2014 to india,

1)Will She need a new H4 visa from employer C.
2)Will she need to go for Visa stamping with my new I-797 with employer C without doing My new Visa stamping ?
3)Will I also need to stamp new Visa?

Thanks,
Saurabh