Wife in India with H4 on old employers name. Old H1 is canceled. Can she travel.

[rahulfan]

Hi,

 

I read through a few posts on similar topics on this forum, but still felt the need to raise my question.

So please bear with me.

 

I moved from employer A to employer B about 1 month back.

Did not apply for wife's H4 transfer from A to B, as her H4 is valid till August 2016.

 

This is the first time she is travelling to India after we arrived in USA about 5 months back.

A couple of days back, I received a notice from USCIS that employer A has canceled my H1.

 

I'm afraid if this cancellation, and the fact that her H4 is stamped against employer A and not B, can jeopardize her returning to USA. This cancellation has prompted me to write the post here.

 

 

It was a family emergency, and she had to leave with just her passport while we were travelling within US.

 

Please guide me as to

1. would there be any issues with her returning.

2. what documents other than the passport (with visa until aug 2016) does she need to carry

3. do the other documents have to be in original (should i fedex them) or would a print of a scanned copy sent by email suffice.

4. does she need to bother going for stamping again in mumbai.

 

Would be grateful for any legally valid advise.

 

Thanks,

Bhavesh

[pontevecchio]

H4 status is not based on any employer but your valid H1 status with any employer. She needs your latest H1 petition approval and a H4 visa to return. In order to get legal advise you need a paid consultation with a Lawyer.

[ragarwal@gmail.com]

to my knowledge, if she has valid visa till 2016 then she does not need to go to stamping.. you can keep changing employer in between and all that she needs is valid I797 copy to travel back I believe.

[rahulfan]

That was very helpful 

pontevecchio 

and

 

ragarwal@gmail.com

 

I had a word with my employer's lawyer, who was reluctant to give free advice, but did say that he didn't think there should be any issue (thats all I could get out of him).

Based on your reply, and some read-up on the internet, I am feeling confident of asking her to fly with her valid H4 on passport, and a print of my I797 approval copy.

 

Thanks once again!

[t75]

He makes his living with fees. It was inappropriate of you to expect him to advise you without you paying. If you can afford a plane ticket to India, you could afford a consultation fee.  (How you you feel if your employer asked you to perform your job without pay? Same issue!!!)_

[rahulfan]

He makes his living with fees. It was inappropriate of you to expect him to advise you without you paying. If you can afford a plane ticket to India, you could afford a consultation fee.  (How you you feel if your employer asked you to perform your job without pay? Same issue!!!)_

 

 

well then you don't get it 

[rahulfan]

He makes his living with fees. It was inappropriate of you to expect him to advise you without you paying. If you can afford a plane ticket to India, you could afford a consultation fee.  (How you you feel if your employer asked you to perform your job without pay? Same issue!!!)_

 

dont get personal jackass!