Can H4 Travel back to US while H1B transfer in progress?

[Upender]

Dear Attorney,

 

I have a question regarding the H4 Travelling back to US while H1 transfer is in progress.

 

My wife has a valid H4 Visa (valid till Sep-2016) through Employer 1. Due to a family emergency, she went to India last week. Now, Employer 2 is initiating my H1 transfer.

Can my wife travel back to US with her valid H4 stamping and Emp1's(old employer) I-797?

I'm expecting that my H1 transfer will still be in progress at the time of her entry into US and I will be working with Emp2 (new employer) at that time.

Does she need any specific documentation to show at POE?

 

Thanks in advance.

 

Thank you,

 

[jairichi]

She needs a copy of your new employer's I797.

[Upender]

Thanks Jairichi,

 

Since my H1 was applied in Regular processing, I may not be getting a approved I797 in next 2-3 weeks. Is there any way she can come with my old I797 (Emp1). Only thing I will be having at the time of her entry is my new employer's (Emp2) H1 receipt number. Will that be sufficient?

 

Thank you,

[jairichi]

Thanks Jairichi,

 

Since my H1 was applied in Regular processing, I may not be getting a approved I797 in next 2-3 weeks. Is there any way she can come with my old I797 (Emp1). Only thing I will be having at the time of her entry is my new employer's (Emp2) H1 receipt number. Will that be sufficient?

 

Thank you,

 

Tricky situation. Your previous employer's I797 will not be valid anymore as that H1B petition would have been revoked by employer as per law. Talk to an attorney.