H4 visa change when H-1 petitioner changes?

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pd_2004

Registered Users (C)
Hi,
I have a H-1 with an institute. My wife is in India and she just got her H-4 visa stamped. It so happens that I have an opportunity at another company 'B'. If I end up taking the job at Company 'B' before my wife enters the US, does she have to wait for my H-1 transfer at the new company to be completed and then reappear for the H-4 visa again ?

Or can she use the H-4 visa already in her passport to enter the US ? If she can use the old visa, then would she need to carry a copy of my new I797?

Please help.

Thanks,
Prakash
 
her H4 visa is valid until its expiration. You changing employer has NO bearing on her h4 visa and there is no need to get a new visa just because you changed employer. Even you don't need to get a new visa after changing employer if your old visa is still valid.
She doesn't have to wait for your h1 transfer to be completed in order for her to enter US. She will need to carry a copy of your latest I-797.
 
Thanks for your immediate reply. So if I quit my current job and take up the new job with company 'B', are you saying that my wife can still travel using the old 797 (while the H-1 transfer at the new company is still being processed)? By "old 797", I mean the one that was issued for my current employer.

Thanks,
Prakash
 
pd_2004 said:
Thanks for your immediate reply. So if I quit my current job and take up the new job with company 'B', are you saying that my wife can still travel using the old 797 (while the H-1 transfer at the new company is still being processed)? By "old 797", I mean the one that was issued for my current employer.

Thanks,
Prakash
Click to expand...

Bingo!
 
Reentry on H-4, Employer Changed

Folks,
I am in the same boat. I am planning to change my company while my wife is planning to go to India.
I don't expect I-797 in my hand, from my new employer before she come back to US.
My concern is if my current employer, cancels my H-1B after I change my job, can there be a problem. Because immigration officer scans passport, that provides them latest information about the status of Visa.
If immigration officer comes to know that H-1B Visa no longer applicable and There is no information available about the New H-1B on file, then there can potentially be a problem.

Please suggest.....
 
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