I am on H1B and did H1 transfer to new employer in 2019 and have approved H1B (and her H4) till June 2022. My wife went to India on vacation and planning to travel back this July. Due to consulate closure in India, she could not get her h4 stamped (with my new employer h1) . So she is planning to come back to USA with my previous employer’s visa stamped on her passport which is expiring in Aug 2021.
Can she travel with my previous employer’s visa stamp on her passport? ( She is planning to carry my new employers i797 copy and marriage certificate copy )
My new employer is planning to file PERM this week/coming 2-3weeks… will this be any issue for her travel.?
Also her passport is going to expire in Jan 2021, she is planning to enter USA before its 180 days expiry mark, but if she comes what will be the i94 date.?
I believe the expiry is Jan 2022. In this case I-94 will be issued till the passport expiry date. You will need to either file a new H4 extension or you can travel to Mexico border and get her I-94 extended.
If she renew her passport in India before her travel ( in that case previous employer’s visa stamp will be on old passport ) , then will she get the i94 according to my new employer’s i797 expiry date?
Briefly, As she is not getting stamped for my new employer’s i797, If she travel with
Renewed passport without visa stamp of my new employer on it and
Old passport with previous employer’s stamp on it.
No issue. The valid visa in the old passport will serve the purpose of entering back to the US and showing the latest I797 at the port of entry, the immigration officer will update new I94 (they may or may not stamp the entry in your new/valid passport but you can download online) till the validity of the I797.
My wife travelled with renewed passport and old employer visa ( which is valid till 1 Aug 2021) . She showed current employer’s i797 ( which is valid till June 2022). POE officer gave i94 according to new i797 i.e June 2022.