H1 transfered old H1 still valid, wanna apply hor h4 for spouse

[bhavin7s]

Hi


I have recently changed my company and got my H1 transfered, I have recieved the I-797 and I-129 from the New company, My H1 is expiring on march 2008, so I dont have to get it restamped, but I am planning to get married in month of Feb so can my spouse apply for H4 on the basis of my previous H1 stamped and new I-797 and I-129? or do i have to get it restamped in the name of new employer to apply hor H4?

Thanks in advance

Bhavin

 

[nj_skm]

Your wife can use your NEW H1B approval notice and get an H4, not the old H1B.

Your old H1B is dead and the only good it now serves is that you can re-enter the US using the old H1B stamping on your passport

The H1B visa and the approval notice serve two different purposes: the visa is to enter the US and the approval notice is so that you can work for the petitioning employer.

Since your stamping is valid till Mar 08, you can use that stamping to re-enter the US any number of times till then. However, since your old H1B approval is no longer needed, you'll need the new one to enter the country.

Also you'll use the new one to sponsor an H4 for your wife.