h4 visa - travelling from india

[cnrao9]

Hi gurus ,

Here is my case :

My wife and I came here on h1 and h4 visa respectively in apr 2006 , our visas were stamped till jun 05 2008 , in apr 2007 i changed employment ,


I got the new h1 visa till apr 2010 but that time my new employer didn't apply for new h4 visa for my wife , saying that since there is more than one yr time for my wife's current h4 visa to expire , they sid they can do it afterwards ,

and suddenly my wife had to travel back to india this month , so now she is in india and I am planning on bringing her back in end of October ,2007

so the question is , though my wife's visa is there till Jun 2008 it 's with my old employer , can she travel without any problem ??does she need to get stamped again with my new h1 ??what r all the risks involved ??

Thanks in adavance ,

 

[ginnu]

Hi gurus ,

Here is my case :

My wife and I came here on h1 and h4 visa respectively in apr 2006 , our visas were stamped till jun 05 2008 , in apr 2007 i changed employment ,


I got the new h1 visa till apr 2010
------------------you did NOT get VISA you got H1 approval notice that is valid till 2010. dont mix VISA with H1 transfer approval notice . VISA is under DOS and H1 petition approval is under USCIS

but that time my new employer didn't apply for new h4 visa for my wife , saying that since there is more than one yr time for my wife's current h4 visa to expire , they sid they can do it afterwards ,
---------that OK
and suddenly my wife had to travel back to india this month , so now she is in india and I am planning on bringing her back in end of October ,2007

so the question is , though my wife's visa is there till Jun 2008 it 's with my old employer , can she travel without any problem ??
--------------Her H4 visa is tied to your H1 status, She can come to US with valid Visa stamp Before Jun 2008 AND at POE she will show her Visa stamp in Passport AND your H1 transfer approval notice and she will get I-94 till 2010
does she need to get stamped again with my new h1 ??
------no
what r all the risks involved ??
----------- no risk, if she only show her valid visa stamp in passport then she will get I-94 till her H4 visa expiry date and She need to file her H4 extension Before her I-94 gets expired on Jun 2008. IF at POE she shows her valid H4 Visa stamp in Passport(it does not matter if it is through employer A or B or C) AND your H1 transfer approval notice then she will get I-94 till 2010( you will save her H4 EXT filing fee)
*** send her your H1 approval notice and New employer letter( she need to show your employer letter ONLY IF asked)

Thanks in adavance ,

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