Skip to main content

H1B transferred to new employer but don't have new I797 for Family, is that problem?

Houston, TX |

I am working on H1B and changed my employer two months back. I have received my H1B transfer approval and new I797 form as well of new employer. For my wife and son, do I require to get new I797 form also or it does not require.
If not require then: My family is planning to go out of country and will return in 1 month. Will they have any problem at port of entry or in stamping?

Attorney Answers 3


  1. As long family members are on valid H-4 status, no problem. To be admitted back they'll need to apply for and obtain H-4 visas issued to them at the US consulate Hindustan.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Mr. Behar is correct, their H-4 should be fine ... as long as they carry documentation of your new/changed status.

    Ask the company's immigration lawyer ... not some non-attorney in HR, to provide you with the documentation.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. You have not mentioned whether they entered on H-4 and what the expiration date on the current I-94 is?

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics