H4 Stamping with old H4 approved petition and new approved H1B

[shanky_ps]

Hello Everyone,

I have clarifications on H4 stamping based on following scenarios:

I am on H1B visa and my I-140 is approved with current employer (Company A) and it has been more than 6 months. Both my H1B and wife’s H4 petitions are approved and valid till September 2024 and she has also got her H4EAD, but both of our visa stampings on our passports are expired (her last stamping was based on her H1B and later converted to H4).

Suppose I move to new job/new employer (Company B) and I get H1B transferred,

1.       With new H1B approved with Company B and new H4 filed and while H4 is processing, can my wife go out of USA and get H4 stamping with old approved H4 petition (tied to H1B with company A) which is has validity till September 2024 and re-enter USA?

2.       With new H1B approved with Company B and if new H4 petition is NOT filed yet (tied to H1B with company B), can my wife still go out of USA and get H4 stamping with old approved H4 petition (tied to H1B with company A). If yes, then what is the visa stamping validity she can get? Is it based on old approved H4 petition of new H1B validity?

Thank you

[pontevecchio]

1. 2. Her current H4 status remains valid as long as you maintain valid H1 status with ANY Employer. If she leaves, she will get an H4 visa based on your Approved H1 petition for the employer you will be working for at that time.