H4 Visa Not Transferred to Current Employer


nallan0987

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Hi Friends,

 

I need help here with H4 visa. Last year 2017, my H1 has been transferred from one employer A to Another employer B and i have got the transferred approved till 2020. Me and my Wife has stamped visa from Employer A till 2019 Mid. So Employer B, said no need to transfer H4  as it  has duration till 2019 and we can apply for  H4 extension starting 2019.  Also, Employer  wont be cancelling the H4 petition.

Is this true?

 

Also, my wife is planning to travel now for family function this December 2018 and returning on February 2019. I will be applying for her extension after she enters US. Can she travel with old VISA stamped and enter with that?

 

I am confused. Please share your best thoughts on this. Thanks in advance to you.

 

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You certainly seem confused.

The H4 status of your wife has no connection to an employer. It is related to your valid H1 status with any employer.

Once she travels, she can return with the existing H1 visa or get a new visa stamp and on coming back if she shows your latest H1 petition approval till 2020, her I94 will be issued till then.

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An H4 is never transferred. It has nothing to do with any employer, it depends on you being in valid H1 status. No employer can cancel an H4 petition.

Your wife can enter with her valid H4 visa. She should have a copy of your current H1 approval notice with her, to be able to show that you are in H1 status. That's it. Relax.

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  • 3 months later...

Team,

 

My wife went for Visa Drop box and now got a letter from Consulate to appear for visa interview.

My question is,

  • does she need to carry any documents particularly ? I have given her all most all documents ( My Petition, H1b petiton, EMployement letter, W2, pay slip, ..etc) and
  • Also, will there be question why her H4 was not transferred to Current employer, when my H1 was transferred during employment change.

Thanks so much for your help and much appreciate it in advance, as always!

Please waiting for your replies.

Thanks.

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