H4 travel back to USA after H1B transfer


samplesmtp1985

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Hi,

I  (H1) and my spouse (H4) had visa till 2017- Sep - 30 but  I have transferred to another employer on 2015-Jul-27 and my transfer got approved on 2015-Sep-25 (got new visa till 2016-Oct). I sent my spouse to India during my H1-B transfer process and am planning to bring her back to USA in next month. My employer did not file H4 transfer/extension for her as part of my H1B transfer.

 

Please answer to my below questions.

 

1. Can she travel back to USA with her old visa and stamp along with my new I-797, as she has my old employer h-4 visa  stamped till 2017.

2. or do I need to apply H4 transfer for her before coming back to USA?

3. Can she stay in USA with her old H4 visa once she come back or do I need to apply for H4 transfer?

 

Appreciated your help!! 

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