H4 dependent travel out of US while his/her spouse H1B transfer to new company is in processing

Hi Anil,

Currently I am on H1B with valid visa stamping until January 2021 and my wife also have the H4 visa stamping till January 2021.

Recently I’ve applied for visa transfer to new company and got the receipt notice. I’ve left my old company 2 weeks before and yet to join the new company in couple of weeks.

Due to the emergency, my wife has to travel to India in 10 days and will be back after 1 month (Mid of May).

Her H4 visa transfer to my new company also in processing. Is there any problem for my wife to travel to India and come back after 1 month. Please let me know if you need any details.

First question to you:
How are you maintaining your H1B status in US if you are not working for any employer at this time?

Second thing about H4 visa, your wife may not get a new i94 with her h4 extension if she travels out of USA while it is pending.

She can enter USA using her existing H4 visa stamp though.

Hi Anil,

Thank you for your quick reply.

I spoke with attorneys and we can have upto 60 days of time gap between two jobs.

If she travel outside of USA and come back while her transfer also in processing, will there be any issues for her petition transfer?

There is petition transfer required for H4 dependent as such.

As I already said that she may not receive a new i94 with her H4 approval if USCIS gets to know about her exit from USA.

Ok thank you Anil for the update.

Hi Anil,

My kid I94 will expire on 03-dec-2019 due to indian passport expiry, but kid had a valid H4 previous company visa stamped on passport till April 2020… last year new employer filed h1b transfer that time my dependents are not with me ( they were in india)… new employer applied H1b transfer only for me, not for my dependents. after they arrival here, i have joined new employer with h1b petition. recently i got H1b i 797 approval . so what is the best way to extend i94 for my kid.

Hi @rafi_shik

You have to either file H4 extention application using form i539 or H4 has to exit and re-enter USA to get new extended i94.

Hi Anil,

Thanks for your reply. But my dependents don’t have current employer H4 I797 approval, but they have valid visa stamped on passport valid till april 2020 with previous employer. Only i have latest/ Current employer i 797 approval. is this enough to exit and re-enter USA . because my attorney suggested to cross the border canada and come back with my i797 approval petition.Please suggest me.

Only H1B i797 is required for H4’s extended i94. H4 i797 is not required.

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