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

Asked over 1 year ago - 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. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  2. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  3. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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.... more

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