H1 transferred but have approved H4 from old Employer

USA H4
1

I have transferred my H1 to new employer and H4 (spouse/dependents) are not transferred. My new employer informs that H4 transfer is not required, as it is valid for next 18 months (from previous employer). I just have the approved H4 797 from the previous employer.
Now the question is, can the H4s travel outside US for stamping with the new approved H1 petition or need to have H4 transferred also to the new employer??. Please guide.

2

First of all, H4 is not an employer sponsored rather it is derivative of H1B. Also H4 is not tied to the employer unlike H1B which is employer sponsored and specific. So if H4 has a longer validity there is no need to do extension of status for H4 when H1B is transferred to another employer. Most people do H4 extension of status with H1B transfer just so that the expiry of H1B and H4 is same and easy to track for extension purposes.
For H4 stamping, you dont need H4 I-797. Rather H4 must use H1B I-797 for H4 stamping.

1 Like
3

Thanks Kalpesh on the response.