H4 travel during/after H1B transfer

Asked over 4 years ago - Tampa, FL

Hi, I am on H1b visa and my wife is on H4. I am planning to change job and transfer my visa. Both our current visa's are valid for another 6 months. Need to know below,

1. Can my wife travel outside US and return during and after my H1B transfer.
2. Does she need to go for stamping before returning to US.

Attorney answers (2)

  1. Fernando Perez III

    Pro

    Contributor Level 8

    Answered . Your wife can certainly travel and come back before you change employers. She should not travel while the H1B petition is pending as this will void her H4 application. She should file for the H4 together with your H1B petition because that way her H4 approval will coincide with your H1B approval which should be good for three years.

    After you get the new approvals, the first time you exit the US, before coming back you will need to stop by the US Consulate in your home country so a new visa can be issued that coincides with the validity dates of the new H1B and H4 approvals.

    We would be happy to assit you and you newremployer with the H1B process.

  2. Andrea W. Kelly

    Contributor Level 14

    Answered . My best advice is for your wife to travel and return to the US before you submit your H-1B transfer. She will likely be required to be stamped upon her re-entry to the US.

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