Can H4 travel while new employer filling H1B but still working with old employer


I work for company A and my I-797, stamp and I-94 is valid upto March 2020

My spouse on H4 has the same validity.

New employer B is offering me a job and working on To file the new petition.

My spouse needs to travel to India first week of December and return to US by last week of December.

I am only planning to join new employer B in Feb 2020.

Till then will be working for the current employer A. Will NOT be changing employer until my spouse is back.

While I remain in the US (To ensure new employer’s petition is not abandoned)

  1. Can my spouse travel to India (returning Dec 2019) on existing I-797 tied to my current employer and H4 stamp valid till March 2020 ?

  2. While my spouse is in India if new employer B petition is approved, but I haven’t changed employer yet (still working for employer A), would there be any issues at the port of entry utilising the current valid stamp and I-797 petition?

Kindly please advise.

Thanks in advance !!!

  1. yes, absolutely as long as you are working for Company A, it is fine.
  2. If you work for B, when she tries to enter, she needs to carry that information along with her and tell that you work for B…it is about being informed and tell where the spouse works.
    Better thing to do is, get employer B processed in Premium, get approval and then transfer…use that for H4 stamping in India.
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Thanks a lot Kumar, that helps !

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