H4 visa stamping with new H1B approval

USA H4
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1

Hello ,

I have clarifications on H4 stamping based on following scenarios:

I am on H1B visa and my I-140 is approved with current employer (Company A) and it has been more than 6 months. Both my H1B and wife’s H4 petitions are approved and valid till September 2024 and she has also got her H4EAD, but both of our visa stampings on our passports are expired (her last stamping was based on her H1B and later converted to H4).

Suppose I move to new job/new employer (Company B) and I get H1B transferred

  1. With new H1B approved with Company B and new H4 filed and while H4 is processing, can my wife go out of USA and get H4 stamping with old approved H4 petition (tied to H1B with company A) which is has validity till September 2024 and re-enter USA?
  2. With new H1B approved with Company B and if new H4 petition is NOT filed yet (tied to H1B with company B), can my wife still go out of USA and get H4 stamping with old approved H4 petition (tied to H1B with company A). If yes, then what is the visa stamping validity she can get? Is it based on old approved H4 petition OR new H1B validity?

Thank you

2

Yes, however you dont need H4 I-797 for stamping. H4 will rather use copy of H1B I-797 for H4 stamping. Also note that H4 status is independent of employer.

If the H4 extension of status is approved after H4 travels to the US, H4 may end up with two different I-94 #, one issued by the CBP at port of entry and another attached to I-797 approval notice. However this doesn’t impact H4 status and can be fixed by travelling to Canada or Mexico border and enter back using the H4 I-797 approval notice, copy of H1B I-797 and other H4 supporting documents.

Answered above. The visa validity will be three years or till H1B validity whichever is less, from date of stamping.

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