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Can H4 dependent enter US with her existing stamping that reflects my previous employer?
Albany, NY
Viewed 28 times.
Posted 4 months ago in Immigration
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I recently switched my H1 from employer A to employer B. My wife who is in India has her H4 stamped with my previous employer A and it is valid till Sep 2010. My previous employer A has agreed not to cancel it.
Can she enter the US with the existing stamping. Apart from her existing stamping she will have my H1 approval receipt, Offer letter and paystubs from employer B to show, in case if they ask to prove my legal status. Will she have any problem at the Point of Entry in US. I know many people who have entered like this but my new employer's immigration team is insisting on getting my wife's visa restamped. I don't want to put her through the stress unless it is absolutely necessary. What are the law clause that would be applicable in this case that would allow her to enter?
Additional information
Just for others in my situation to know. Elaine advise was that there should not be any problem with my wife entering on her existing H-4 visa. She will have a different I-94 end date to yours, assuming that I got an extension, so she will need to track that carefully. There is an old 1995 exchange of letters between INS (as it was) and a law firm confirming that a H-4 nonimmigrant remains in valid status even if the H-1B person changes employers, and no additional action is needed by the H-4 dependent. Her advise was absolutely correct. My wife entered US on 5th August without any problem. Once again, thanks to Elaine. Answers (1)
Elaine Martin
This attorney is licensed in Texas.
Posted 4 months ago.
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