My situation is, my spouse’s H1B is transferred to new company(but not re-stamped yet), its approved. I am in Canada now and my H4 visa(valid till 13th Apr 2022) is currently in transfer phase(from old company of H1B to new company of H1B) and not yet completed, and so it is not re-stamped as well, with the new employer. I want to visit my spouse for 2 weeks.
Ques:1- Can I travel to US, with the old employer’s stamp in this situation while H4 transfer in progress? If yes then what all documents I need to carry?
Ques:2- In case I can travel to US and then if my H4 visa transfer is rejected(while I am in US) for any reason, do I need to leave US immediately?
Ques:3- I was hearing that my H4 Visa(which is in transfer phase) will get abandoned if I leave US (after my visiting of 2 weeks is completed there). Is it true?
First of all H4 is not a employer sponsored petition but rather a derivative of primary H1B so there is no concept of transfer for H4 but it’s called extension of status.
Yes, you can travel to the US while your extension of status application is pending but you have a valid H4 visa.
You need below documents.
Primary H1B last 3 pay stubs, H1B employment verification letter, copy of H1B current I-797, marriage registration, marriage photos, H4 passport with valid H4 visa stamp.
When you enter the US, CBP will issue you a new I-94 that will match with the current (newly approved) I-797 of the primary H1B. This way, your I-94 will automatically get extended to match the expiry of the primary H1B and you may no more need the H4 EOS.
If the extension of status is denied, you will still have a valid I-94 so you don’t have to leave immediately.
Generally speaking, extension of status application can keep processing while the beneficiary travel outside of the US. It may get denied if the beneficiary is not present in the US at the time of adjudication as extension of status application is meant for someone who is present in the US and extending their status.
Thank you so much Kalpesh! Much appreciated for the quick response.
Just one more question: I have a plan to visit US in the last week of February this year. So what if the H4 visa extension gets denied before my travel, will I be able to still travel as the current one is still valid till 13th April, 2022??