H1B transfer - Spouse Visa status


I am on H1B and transferring my H1B to some other company. My spouse is been with me for more than 2 years. She was on H4 and she applied for H1B this year through some consultancy. Her petition got approved and she has valid I797 from October 1st 2015. But, unfortunately, we had to travel to India after her petition got approved and she traveled back to US with H4. Looks like she has to file for an H1B amendments with the new I-94, but still we are not sure on this. She tried to apply for SSN but no update yet. We are still not sure if she can work at this time and not sure if she is on H1B or H4.

My new company is asking the dependent details. I am not sure what should i update regarding my spouse visa status. Do I need to transfer my wife status also as H4 with the new company.

Help would be greatly appreciated.


If I understand the question correctly, your wife’s H-1 got approved, then she traveled outside US and returned to US on H-4.

What date did she return to US?

Was H-1 approved w/ an I-94 attached i.e. w/ COS?

She returned back to USA on August 3rd 2015 and the H1B was approved with her previous I94.