Dependent is allowed to travel with previous H4 Visa? (After primary applicant applies for H1B transfer)


#1

Hi,

I am planning to change my job from XYZ to ABC Company and will be applying for H1B transfer in couple of days. My Current H1B visa(Sponsored by XYZ Company) is valid till May, Next year.

My spouse is currently in India and will be returning back to USA during the month of July. She has a valid H4 Visa stamping(Sponsored by XYZ Company).

I have below questions.

1.Can she return to USA with her current H4 while my H1B transfer is in process? Will there be any issue in POE?

2.In case if the Visa transfer is approved before her travel to USA, does she needs to get her H4 visa stamped again?

Thanks in advance


#2

Hi Shibu,

  1. She can travel as long as she can show your current valid I-797 that you are using for your current H-1B status and valid H4 visa
  2. If she has valid unexpired H4 visa, she can use that along with your new approved I-797 to travel, no need to stamp again

Note - These are my opinions do not consider it as legal advice