My wife is on h1b and got laid off. During the 60 days grace period she couldn’t find the job, she has a valid visa till dec 2025(i140 approved),so to maintain the current status on last two days before end of the grace period she filed a case on CHANGE OF STATUS for B2 to maintain legal stay in us . However after two months she found a new job found an employer and transferred h1b on premium process and it got approved. The start date was Sep/3/24 to aug/12/27. Mean while after few days the B2 case was denied . I sent my spouse to India on the last day before grace period ends . He is having a visa stamping till 2025 . My question is will his visa is still valid? Can he come back to USA on current visa or need to apply for new visa.?
Is he eligible for drop box?
You have mixed so many things that it is difficult to understand the sequence of events and who is on H1B and who is writing this question.
Please clearly specify in points the sequence of events.
Who is on H1B and who is writing this question (is H1B holder writing this question when you say ‘I’ and ‘my’)?
Hi , I am on H1B( i140 approved) I’m writing this question.
I am a primary holder and my husband is on H4 visa. My case was I lost my job and last working day was on April 28th 2024 and couldn’t find the job in the 60 day grace period, and I have valid visa till dec 2025 ,So to maintain the status at the last day before the grace period ends I filed a case for change of status to B2 (i539) . I sent my husband on June 28th to India because he will be illegal to stay in usa . After two months on August 15 I got a job and my employer filed a portion of H1B transfer through premium process . It got approved on Sep 3rd . I got new I 129 validity from sep3rd to aug 2027. After few day my B2 was denied. Till now I didn’t received my I 797 copy. So my question was is my husband visa is still valid ?? Do he need to again go for stamping or can he come back will new I 797? Pls answer
The visa stamp in the passport remains valid till the date of validity mentioned on it.
Your husband can use his existing valid H4 visa stamp in addition to your new h1b i797 to enter the US.
Thank you Anil ,I have one more final que I have filed a H4 EAD on jan 11/24 last month we received a RFE from USICS that my husband departed the us on June 28th so he is not currently maintaining an H4 non immigrant status, so kindly submit the evidence of i797, i94 and last visa copy .
What does not currently maintaining status means is it visa validity is cancelled??
Hi Anil can u pls answer to that question .
Status means physical presence in the US.
Your husband needs to enter the US with H4 visa to start a status (status here means new i94).
They are asking to submit this new H4 i94.