H4 travel to USA on different I797 petition

[bkumar22]

Hi,

I have a query related to H4 travel to USA for first time.

I got my H1B and H4 visa stamped on the basis of Company A's I797 approved petition in September 2021. I (H1B - Primary applicant) traveled to USA in October 2021 and my spouse and kid (H4 stamped) are still in India.

I got an offer from Company B in June 2022 and my H1B premium processing transfer is in process. This will be completed by mid-August 2022.

My spouse and kid will travel to USA in August 2022 as schools start from September 2022.

My query is - As Company A's I797 petition will be cancelled, and Company B's I797 petition will be active, does my spouse and kid do one of the following:

1. Apply for restamping of H4 visa based on latest I797 petition of Company B.

OR

2. Enter USA with Company A's stamped H4 visa and provide latest I797 petition from Company B at port of entry.

 

I will thank you for any guidance you provide related to this topic as I am running out of time and this may put my child's education at loss.

Thank you once again!

BKumar.

[bkumar22]

Hi. I am actually looking for urgent help on this topic.

I will appreciate if someone can address my query immediately.

Thank you.

[pontevecchio]

Their valid H4 status is based on your valid H1 status with any H1 employer. Their visa is not employer specific. They can come over on the existing visa and your latest H1 petition approval.

[bkumar22]

Hello. I will thank you for sharing your opinion.

This helps a lot. Thanks once again!

BKumar.