reentry on existing H4 visa stamp while H1 extension is in progress

[hp2014]

I am planning to travel to India next week till Aug 25th on my H1, along with my wife( H4 visa) and 4 months baby born here.

My H1 is valid till Nov 29 ( just assume I-797 WAC number is X ) and plan to get it extended as soon as I come back ( so I would get a new I-797 say with WAC number Y )

My question is, if my wife plans to stay for few more months and return on say Nov 15th, and if my new I-797 is still in progress or would have just arrived with say WAC number Y by Nov 15, then can she still come back on whatever H4 visa stamp she currently has ( which is tied to I-797 WAC number X ) ? Or should she wait till I get my new I-797, I send her the required documents and get her H4 restamped in India ?

Thanks

[jairichi]

I am planning to travel to India next week till Aug 25th on my H1, along with my wife( H4 visa) and 4 months baby born here.

My H1 is valid till Nov 29 ( just assume I-797 WAC number is X ) and plan to get it extended as soon as I come back ( so I would get a new I-797 say with WAC number Y )

My question is, if my wife plans to stay for few more months and return on say Nov 15th, and if my new I-797 is still in progress or would have just arrived with say WAC number Y by Nov 15, then can she still come back on whatever H4 visa stamp she currently has ( which is tied to I-797 WAC number X ) ? Or should she wait till I get my new I-797, I send her the required documents and get her H4 restamped in India ?

Thanks

She can travel if her existing H4 visa is valid and with a copy of your new I797.

[a.jain]

Greetings,

 

1.       I was working with Employer A till March 2014 & changed to employer B in April 2014. Post that my H1B transfer to employer B is also completed. My family is currently in India & they have H4 visa stamped ( validity: Sept 2015)  stating name of employer A. I plan to bring my family on long term to US now does. Is H4 transfer necessary for them to enter in US  ?

 

o    If not , what documents they may require at Port of Entry.

 

o    If yes, do they again need to go for VISA stamping post H4 transfer.

 

 

2.       If I go out of  United States, do I need a Visa stamping again to enter back to US as my old Visa ( though valid till 09/30/2015) belongs to Employer A whereas  I am working for Employer B now.

 

Appreciate your help for the quick reply.

[jairichi]

1. A new visa stamping is not necessary if their H4 visa is valid. They need a copy of your new I797 from B to travel.

2. If you have a valid H1B visa there is no need for stamping. You need to carry your new I797 from B to travel.