Hi, I think mine is the first case of its kind. Previously I was working for an employer in US on H1B and my wife also got H4 along with me but so far she has NEVER COME TO US so far even once. She is still in India. I have been working here alone in US in H1B for the past 1.3 years. Couple of months back, I moved to another employer and my H1B got transferred and I also got the LCA for my new employer and new location. Now, my question is, can my wife travel to US for the very first time, with the H4 that she got from my previous employer? I think the answer for this is “no” and I think I again have to fill new DS-160 forms for her and she has to go for PA and get another H4 visa. Am I correct? Or else if she can come to US for the first time even with the previous H4 visa that she got along with me in India, then what additional documents she would need (like photocopies of my current I797, LCA, etc) and do I need to request my current employer to do anything for my dependents (like H4 transfer or applying for new Visa etc)? Also, in case if I have to go to India to bring her (due to her personal health constraints), then should I go for stamping again in India? I basically got this doubt since one of my friend told me that a H4 Visa is solely for the purpose of entry into US and it is not restricted to any employer (who sponsored for the H4) and dependents only needs to carry the most recent I797 and LCA photocopies of the H1B holder. Request you all to kindly help me regarding this. Thanks a lot.
Dear Victor,
H-4 is a class dependent and not an employer dependent visa. It is simply a travel document after stamping. CBP at point of entry will need to know details of your contract dates so an I-94 determination may be made for dependents. Your visa class has not changed and therefore your dependents are still travelling in the same category as originally defined.
All the best
Dr. Sandeep Shankar, Colorado Heights University, Denver, CO. sshankar@chu.edu;[https://www.youtube.com/watch?v=0Fwvru51l6Q](https://www.youtube.com/watch?v=0Fwvru51l6Q)Thanks a lot Sandeep. So my wife would just need to carry the photocopies of my latest i797 (LCA) and i94 right? And if I have to visit India to accompany my wife, I don’t have to go for stamping again and I can reenter US right ? (since my Visa is valid till Sept 2015)? Thanks a lot for the help.
Correct. Might be a good idea to have a small letter that says employer knows you are bringing in dependents
Hi Team,
Could you please share a template format for the above letter from employer that the company knows I am bringing dependents.
Thanks in advance.