H4 dependants travel duing my H1B transfer

J

Jalli

New Member
Hi Team,
I just got a new job and my new employer is about to initiate my H1B transfer petition within a week.
Right now, my dependants are in India for a vacation with their H4 visa with my previous employer. This visa is valid till Sept 2015.
And, I have already booked their return ticket to US on 21st Nov'14 from India.
My question is:
1) Is it safe for my dependants to travel back here to US with their existing visa of previous employer, without any risks involved while my new employer initiates the H1B transfer?
2) If it is safe, they only have the passport with visa stamped. Do you think they might need any more documents to support their travel at POE? They don't have my previous employer's I-797 original.

Thanks in advance,
Jalli
 
Hi
Similar situation here, I have H1B with company A and now Company B filed my H1B under premium. But I couldn't file my dependents H4 transfer yet, since My new employer stating that its not necessary until my wife has valid I-94(till 2016). I don't know whether it is a problem or not. my question here is, If she traveling to India means, Can she get stamping with my new approved petition just filling DS160? or do we need proper H4 transfer filled for new stamping ? Please advice me on this
 
I got a response from another forum, sure it will helpful to all.

"If your wife’s I-94 is valid until 2016, then she doesn’t need to get an extension. If she travels and her visa is no longer valid, she can get a new H-4 visa stamp by showing your H-1B approval notice. Unlike H-1B, H-4 applicants don’t need a separate application to be approved by USCIS in order to get the visa. They can directly apply for H-4 at the consulate (by filing DS-160) by just using the H-1B holder’s approval notice."
 
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