H1B transfer; H4 Re-entry of spouse on old valid visa

[user2018]

I am changing jobs through H-1B transfer. My spouse (H4) is currently in India and plans to come back after I have joined the new employer. 

1) Can my spouse travel on current visa which was issued by old employer (it is valid till July'18).

2) In most cases, H4 dependents are not asked for I-797. In case the Immigration officer asks for one, should spouse show old employer Receipt Notice or the one with new employer?

3) Can my spouse travel using the new H-1B Receipt Notice or is H-1B Approval Notice needed to enter the US?

Any help will be appreciated.

[pontevecchio]

1. You mean "can she return" with the existing visa. The answer is YES.

2. They will need to see your H1 petition approval.

3. Approval is needed.

[user2018]

Thanks for your response. I need some clarification your 2nd answer. I am assuming you meant approval of H-1B Transfer petition or would my previous employer H-1B approval suffice ? The reason I ask this is because I am joining a new employer on receipt notice and do not expect the approval notice to come sometime soon. 

[pontevecchio]

The H1 petition approval of the employer you will be working for when she comes back. Use PP and insist on it.