My Wife has her H1B filed from her previous employer and when she was resigning from that employer, they have asked her to submit her original I797 Work permit, her VISA is valid upto Nov’2013 (she never travelled on it), now she has moved to her new employer. Now iam travelling to US on my H1B, can i take my wife on her H1B or should her apply for a H4 again?
She cannot travel on H-1 as that H-1 employer no longer supports her employment. She can either file H-1 transfer through current employer and then travel on that H-1 petition (even then she is supposed to work in US on H-1 for that employer).
If she doesn’t plan to work, then she needs to appear for H-4 visa stamping and travel on that.