I am planning to change jobs and apply for H1B transfer with a new employer. I know that my wife’s H4 doesn’t have to be transferred at the same time, as H4 validity is until March 2023 and it is not tied to my employer.
However my wife and I were planning to travel to India (and subsequently get the visa stamped thru dropbox) this year. My questions are:
- Obviously I will have to file for my H1B stamping with my new I-797 approval but can my wife’s H4 stamping still happen based on previously approved principal H1B I-797 from my previous employer?
- Or do I need to actually have a new H4 for her based on my new I-797, if we want to travel and get our visas stamped?
H4 can use primary H1B I-797 for visa stamping. CBP will issue I-94 to match the expiry date with the primary H1B when she enters back to the US.
Thanks for the answer.
Expanding to couple of scenarios:
- Can the H4 transfer be in progress and the H4 can still travel using the new approved I-797 for dropbox OR is it safe to not start the H4 transfer at all
- The DS160 and ustraveldocs appointment have been updated with the previous I-797 number of H1. Do we have to update again or just take a new printout to the dropbox.
H4 extension of status may keep processing while the applicant travel outside the US. You may not apply for extension of status if your travel plan is fixed and if the applicant will travel for stamping before the expiry of H4 I-94.
You can fill out a new DS-160 and take that along with the old to your appointment.