My Wife is travelling to US with my old Employer H4


Rahul_Majjage

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Hi,

I have changed my Employer from Employer A to Employer B in March 2017. I have my new I-797 approved til Feb 2020. My Wife is currently in India. She has a valid H4 VISA from my old employer A valid til 17-Dec-2017. She will be travelling to US in June.

Could you please help me in answering the below mentioned questions:

1. Can my wife travel to US with her current VISA that is stamped and valid til 12/17/17 from my old Employer.
 
2. Does my wife need to inform the immigration check about B as my employer or should she mention A as my employer.
 
3. Does she need to apply for the H4 to be transferred before travel or need to wait til she lands in the US.
 
4. If she needs to apply now, how long would it take to complete the process and have her new petition done without PP.
 
5. What other precautions need to be taken, during her travel.
 
Regards,
Rahul
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1. Yes. The H4 visa is NOT employer dependent.

2. Since the fact is B is your employer she needs to show your new H1 approval on entry

3. H4 is not employer dependent. It is dependent on the valid status of the H1 person.

4. See 3. No such entity called a H4 petition. A person with a H4 visa enters and shows the H1 approval of the spouse and gets an I94 till that petition expiry. H4 extensions here are status extensions .

5. The same as always.

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