Hi,
I along with my spouse had come to USA Jan 2022, without working with my previous employer I have done my H1B transfer and working with new employer from 2 months. I got my approval until feb 2025. As my spouse have some work in INDIA we didn’t include his H4 transfer to my new employer. Later he travelled to INDIA last month. Now he is planning to come to USA with his current H4 visa where the validity is until Oct 2023.
When I check with my employer they said “he need to get his new H4 visa with us from the Embassy, if he wants to travel with current visa it’s upto your own risk”.
Please let me know if he can travel with current H4 visa (valid until oct 2023 with my previous employer) or should he need to get the new H4 visa with my current employer. As there are no slots available he is planning to travel on current H4 visa. Kindly help to give some suggestions.
Thank You
This is an incorrect information. Your spouse can travel as far as the H4 visa is valid. Visa is just a travel document required to enter the US. Also visa is not tied to any employer even if it has the employer name on it.
Once your spouse travels to the US using current visa and the primary H1B copy of I-797, he should be issued I-94 to match the validy of your current H1B till feb 2025.
Make sure he carries the copy of your I-797, last three pay stubs, employment verification letter along with other H4 supporting documents.