- Currently with Employer A under H1B, which is valid until Jul 2020. Family’s H4 is also valid until Jul 2020, but they do not have the H4 Visa stamping in their passport.
- Accepted an offer from Employer B (not joined yet), applied for Transfer/Extension of H1B Visa and received the H1B I797 approval notice. However, the H4 extension is still pending and I believe the H4 processing timeline is 6-8 months now (applied on May 2, 2019 and biometrics completed on May 20, 2019).
Question 1: Would travelling out of USA before receiving the I-539 approval (H4 approval for Employer B) cause any problems to their H4 transfer/extension?
Question 2: If we do travel out before receiving their H4 approval, we will have to get a Visa before coming back. Can we apply for their H4 visa based on my H1B I797 approval notice? Wouldn’t their H4 I-539 approval be necessary for the visa application?
I appreciate any thoughts on this.