H4 Dependent Travel using H1-B Holder's previous employer stamp


Raj237

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I am an H1-B holder with visa validity date till sep 2015. I came to the US with employer A. Employer A also applied dependent visa for my wife and she also joined me in the US with H4 visa which valid till Sep 2015.
 
My Wife has left to india, meantime i changed from Employer A to Employer B.i have the approved I797 petition applied through Employer B and with new validity date of Dec 31 2017.My current employer has also initiated H4 transfer for her and also have the approved I539 form.
 
Now she wants to join me in the U.S.Can she travel with her existing visa with Employer A name mentioned in the visa with a copy of my recent I797.ALso what are the other documents that she needs to carry.
 
I am asking this question beacuse i have seen in all the replies that the dependent should be able to travel. Is there any one who actually travelled back to the U.S using the above scenario
 
Also when i put up the question with  ustraveldocs i got the following answer, this is confusing me.
 
 
Date/Time Case Opened:   3/18/2015 4:16 AM Description:   Hi, 

I am an H1-B holder with visa validity date till sep 2015. I came to the US 
with employer A. Employer A also applied dependent visa for my wife and she 
also joined me in the US with H4 visa valid till Sep 2015. 

My Wife has left to india, meantime i changed from Employer A to Employer 
B.Also have the approved petition applied from Employer B. 

Now she wants to join me in the U.S.Does she need to apply for new visa 
with the employer B before travelling or can she travel with her existing 
visa with Employer A name mentioned in the visa with a copy of my I797. 

  Origin:   Email Case Reason:   Any other query Public Response:  

Thank you for writing to the U.S. Visa Service Desk. 

We understand that you are looking for the information about the H4 visa information. 

In response to your question we would like to inform you that if the applicant have changed the employer and got the new approved I-797 then the applicant / dependent may need to apply for the fresh visa if the applicant want to travel to U.S. 

Further, kindly refer to the given below link: 
http://www.ustraveldocs.com/in/in-niv-typework.asp#supportingdocs 

We hope this information is helpful to you. 
Please visit  https://www.surveymonkey.com/s/gss_india to share feedback on the services we provide 

Sincerely, 
U.S. Visa Service Desk

 

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Hey Raj - Did you find out what needs to be done for this. I have the same case, thus want to know.

 

Hi Gurinder,

 

I called up Porty of entry office and spoke to the officer(Chicago). They confirmed that the spouse can travel with the visa sponsperd by the previous employer. She has to show the approved I797 from the current employer while entering into the U.S(print out of the scanned copy will suffice). I had to give my new petition's receipt number(EAC-XXXXX) and they even verified it and confirmed.

 

I have booked tickets for my spouse and hope everything goes well when she reaches next week.

 

to sum up,

 

A H4 visa holder can enter the U.S with a valid visa(i.e employer name does not matter) . The validity date should be greater than the day entering the U.S and a copy of new approved petition so that the I94 reflects the new validity date. Otherwise the old validity date will be entered in I94.

 

It even counts for H1-B visa holders. Even i can go to india now and enter into the U.S with my old visa stamped by my previous employer. The only thing i need to show is my new approved petition from the current employer.

 

Use the below link  to locate the port of entry and you can verify it for yourself,

 

http://www.cbp.gov/contact/ports

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