Travel on H4 I-797

[Lalit P]

Hi there,

Please clarify on below scenario questions,

Myself and my wife have valid I-797’s approval for H1 and H4 respectively until Dec-2020 with employer A. I have recently switched to employer B and they processed my H1 transfer in regular and waiting for approval. No changes to H4 with employer B, my wife is still in US with H4 I-797 which was from employer A.
Note: Our visa’s are not stamped.

Questions:

1. Do I need to ask employer B for her new H4 ?
2. If my wife travels India now, Does she is eligible to get stamped with employer A H4- I-797 by providing my H1 I-797 from employer A and receipt notice of H1 from employer B?

Appreciate assistance.

[pontevecchio]

1. If her current I94 is till December 2020, she is legal.

2. She will need an H1 petition approval to return along with an H4 visa and this needs to be for the employer you will be working for when she returns. 

[User099]

1. Technically its not need if she has a I94 till Dec 2020 from previous approval. But its always best to have the H1 and H4 to be in sync or else if you miss to file the extension on time, she will out of status. 

2. Its better to wait for B's approval notice and then travel for stamping.