Can dependent travel with H4 visa from employer A after I have moved to employer B ?


sanipini

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Posted

Hi,

My wife is on H4 visa valid until Jul 31, 2013 from my previous employer A. I have changed employer in Oct 2011 and my H1B ( I797 ) got approved until Jul 31 , 2014 . I don't have H1B stamping from employer B and I am currently in US . We did not apply for her I - 539 that time . Now she is in India and planning to come back to US on May 2 , 2013 . Does she need to go for H4 visa stamping before travel ? or My approved latest I - 797 copy from employer B and her previous H4 visa stamp from my employer A are enough to travel ? She will be travelling back with my 1yr old baby ( US citizen ) . Please let me know your thoughts . Thanks in advance for your time and support.

Posted

Also I got to hear about couple of cases where dependents (with H4 visa from previous employer) were told at airport check-in that their Visas were cancelled and they had to stay back in India to sort this out. Is there any way to check if previous employer has requested to recall/cancel H4 visa? or is there anyway to check if her visa is not cancelled and it is still active for travel back to US? Really appreciate your thoughts on this. Thanks in advance for your time and support.

Posted

<p class="article-body">@t75, Thanks for your reply. Generally in what kind of scenarios, DOS will cancel any dependent visas?? In case if they do that, are they going to notify the visa holder or primary applicant about this?? I tried a lot to get details on this with no luck. Any inputs on this are greatly appreciated. Thanks.</p>

Posted

A consulate will cancel a visa if it was obtained by fraud or if the visa holder overstayed his/her authorized stay (I-94). In most cases the consulate should attempt to contact the visa holder before canceling. CBP can make a determination that a visa is not valid even if the consulate has not canceled the visa.

Otherwise, the H-4 visa should remain valid despite change of employer.

There are no facts here that would indicate that the visa is invalidated.

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