Hi Saurabh,
I am on H1 and my spouse on H4. I moved to a different employer a year back, but have not applied a new H4 for my spouse, as her old petition itself is valid for another 1 year. She also has a valid stamping in her Passport for another 1 year with my old employer.
Is it ideal to return to US using her old one on the passport. She doesnt possess I-797 for her H4 with my latest employer - will this cause any trouble at PoE?
Thanks,
Prasanna
H4’s documents in general are really tied to your H1B and documents. If she is in US, ideally, your employer or their attorney should have asked and applied for her H4, when you applied for H1B transfer. In any chase, I suggest you speak to your attorney and proceed to avoid issues.
Visa is different from status and documents. Read US Visa vs Status , she can use visa stamp that is valid issued from old employer, but need to carry current documentation tied to your H1B and herself as needed for proof that she has valid documents. She may be asked for the documents tied to you and her as well, that’s why asking you to talk to attorney and make a decision. Nothing to panic, but to be sure.
Thanks a lot Kumar. Your suggestions are encouraging, crisp, to the point and clear. I will leverage these ideas. Thanks again.
Meanwhile if I travel myself, I can still provide my current I797 but use my old stamping isnt it? Or should I apply newly too?
Yes, that’s correct, your visa stamp can be used, need to carry current I-797