H4 Travel with old employer stamp after H1 Transfer


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I recently got my H1 transferred and joining my new employer next week. My new employer just got my approved H1 papers and he is ready to file a H4 extension for my wife which could take 2 - 3 months.

Both me and my wife have our visa stamped from my previous employer until July 2013.

Meanwhile, due to an emergency my wife needs to travel India Feb 1st week which means my new employer cannot file her H4 extension now as it will be deemed abandoned if she leaves the country after filing for her H4 extension.

  1. How soon should my new employer file for her H4 after I join him? Is there a possibility that my old employer cancels my H1 and she might be out of status?
  2. If we decide not to do her H4 now and travel to India will she need to get her visa stamped.
  3. If she doesn't need stamping can she travel back to USA in March with the previous employer stamp which is approved until July 2013. What is the risk at POE assuming she has a valid stamp and my new I797 but NO H4 i.e. I-539 extension.

Any suggestions or people faced these situations are appreciable.

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1. Your wife doesn't need to apply for her extension until July 2013. Her visa is not connected to your employer, but your H1 status. H4 needs to be applied only when it expires, not when you change employer.

2. No. See 1.

3. Yes. Just carry new 797 and a letter from your new employer verifying employment, just in case.

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