Immigration Issues/H4 Visa

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Question
Hello Ajay

Iam living in US on H4 visa.
My H4 and my husband's H1 is valid till 2008.
My husband is planning to join a different employer in soon.
Also, around the same time I am traveling to India. My question is - when I come back to US and by that time my husband has changed the employer will I need to have new stamping in India although my H4 hadnt expired at that time.

Also, if my husband travels to India after the change of employer, will he require a new stamping to return to USA?
Please let me know your thoughts on this.

Answer
Hi Mini,

I understand that your husband and yourself have respective H-1B and H-4 visa stamps in your passport. Therefore, you can both travel on the existing visas until they expire.

Your husband (after change of employer) should carry the new employer's H-1B approval notice and perhaps recent pay stubs and an employment letter verifying employment when traveling and entering the U.S. The current visa in the passport remains valid until expiration.

The following excerpt from our website www.h1b1.com is helpful:

Change of Employer
The following question by a fellow American Immigration Lawyers Association (AILA) member was recently put to Ms. Yvonne M. LaFleur, Chief, Nonimmigrant Branch, INS: "Whether the H-4 visa holders maintain their status as long as the principal alien maintains his/her status, or are they also required to re-file to maintain their status in change of employer situations?"

The following facts were furnished to Chief LaFleur: "The principal alien is the beneficiary of an H-1B visa petition by 'Company A'. The visa is valid for a period of three years. The accompanying family member receives an H-4 visa for the same period reflecting the principal alien's employment with 'Company A'. One year later, the principal alien changes employers. A new H-1B visa is petitioned for by 'Company B', and all procedures are followed so that the principal alien is never out of status. The validity dates on the H-4 accompanying family member's visa has two years remaining, but still shows 'Company A' as the H-1B petitioner and not 'Company B'.

Chief LaFleur's response to the AILA member's query acknowledged that an H-4 nonimmigrant alien's authorized stay in the United States is contingent on the continued validity of the H-1B principal alien's status. The H-4 nonimmigrant alien continues to remain in valid nonimmigrant status as long as the principal alien remains in a valid nonimmigrant status.

"[S]ince the H-4 nonimmigrant classification is not specific to an employer, the H-4 nonimmigrant alien remains in valid status even if the principal alien changes H-1B employers. No action is required on the part of the H-4 nonimmigrant alien when the principal H-1B alien changes employers within the same classification."

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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