H1B transfer and H4 travel to India

USA H4
,
1

Hello Everyone,

Can you please provide your valuable input on below scenario:

My wife has a valid H4 visa stamp until November 15, 2023. My company applied for H1+H4+H4 EAD extension, which got approved until November 15, 2026. Now I have a new opportunity with another company; they are applying for my H1 transfer.
Note: Attroney told me there is no need to apply for H4 and H4 Ead again because we got approval until November 15, 2026 with my existing company.

Question:

  1. Is there a need to apply for my wife H4 and H4 EAd along with my H1 transfer??
  2. My wife is planning to travel to India in October 2023 for three weeks and come back before her visa expires(Nov15th 2023). What documents does she need to show at the port of entry?
    Can she show the H4 approval notice (I797) that got approved until 2026 with my previous company and get her I94 extended??

or is there any risk in travelling to India??

Please let your inputs

2

  1. There is no need to file H4 and EAD again.

  2. She can show the new H1B i797 to get extended H4 i94 on her return to the US.

No issues.

3

Thanks Anil for your response.

one follow-up question on below point:

1. She can show the new H1B i797 to get extended H4 i94 on her return to the US.

She need to show the new company H1B I797 which I am getting transferred?? or can she show her approved H4(i797) which got approved from my previous company??

4

@anil_am22

Thanks Anil for your response.

one follow-up question on below point:

1. She can show the new H1B i797 to get extended H4 i94 on her return to the US.

She need to show the new company H1B I797 which I am getting transferred?? or can she show her approved H4(i797) which got approved from my previous company??