H1B Transferred but H4 not, ( h4 has valid I94)

[mpkambi]

Dear All

Help need in below scenario

I recently got my H1B approved for new company (petitioner),
my new employer not filed H4 transfer yet, ,
My wife has a H4 visa belongs to my previous employer , and I-94 valid till 07- Sep -2012,
my question is
1) Can she travel back to india before 07-Sep-2012, with H4 belongs to my previous employer ???

your inputs are highly appreciated.


Thanks
Kambi

[shervin143]

Yes.If she will leave the country before her current I-94 expiry date, then there is no need to file the H4 extension. When she returns back on a valid H4 visa and your latest H1B approval notice (from the new employer) she will get an I-94 matching your H1B petition expiry date.