Enter US using old H1B employer's H4 visa stamp still valid

Hi Anil,

I’m so happy that i found this site. I have many confusions right now and there is no proper platform to get clarification. Hope i find answers to all my questions on this site. My situation is a little complicated.

Short i94 expiry given for H4 - by mistake

I got married in Nov, 2017 and i came to US in Jan, 2018 on H4 visa. My husband had H1 stamping till May 2019 with the old employer (Say ‘A’) and hence i got stamping till May 2019.

But my i-94 got issued only till May 2018 (probably bi-mistake).

Employer A H1B project over - Feb 2018

We saw it in the month of Feb, 2018 and by the time we approached my husband’s attorney, his project got ended with employer ‘A’ and hence his lawyer said he cannot file for my extension.

H1B transfer - Emp B - H4 extension, H4 EAD filed - regular application

After 45 days, my husband found a new job with employer ‘B’. 'B’s lawyer filed my husband’s H1b, my H4 extension and my also H4 EAD at the same time(in April, 2018).

H1B job lost - Employer B lay off

Problem started here, employer ‘B’ didn’t file H1 transfer under premium.
Within 3 months, my husband got fired from the job with employer ‘B’.

At this point of time, he only has H1 transfer receipt (read: no approval).
Employer ‘B’ gave a deadline of 10 days to transfer my husband’s H1b, after 10 days, they’ll withdraw their H1 transfer from USCIS which will in turn affect my H4 extension and EAD.

H1B transfer - Employer C

Now my husband found new job with employer ‘C’ and eventually ‘B’ withdrew his H1 from USCIS.

H4 left the country since i94 expired

In the mean time, since my i-94 is expired, i left the country.

H4 is valid till May 2019, H1B - Emp C - Oct 2019

Now my husband has visa till Oct, 2019 with employer ‘C’ and my H4 is valid till May, 2019 with his employer ‘A’.

My questions

1. Will i94 be stamped till May 2019 or Oct 2019?

When I re-enter the USA, will i get i-94 only till May, 2019 or will i get it till Oct, 2019 by showing my husband’s new i-797?

2. Status of H4 extension and H4 EAD - Applied with Emp A?

If i get it only till May, 2019, then should i apply for extension again to get it till Oct, 2019? Also what happens to my applied H4 extension and EAD(applied through employer ‘B’)? (The status of the case is shown as: ‘in process’)

1. Apply H4 with US embassy using Emp C H1B approved i797

The best option that i think is to apply for H4 visa using your spouse’s H1B approved i797 with employer C.

This will give you visa till Oct 2019 and you can enter USA easily.

2. Pending H4 extension and H4 EAD with Emp A status

Those applications will ultimately receive either RFE or will be rejected since your spouse has already left Employer A and they would have already withdrawn his H1B extension/transfer applications.

You can file new H4 EAd application once you enter USA with your fresh H4 visa stamp.

You may want to go through this step by step H4 EAD application process:

Thank you Anil.

lawyer says no need for new H4 stamping as H4 from old employer is valid

Since my husband’s current lawyer said that there is no need to go for stamping if my H4 visa is valid, which is till May,2019 , I already booked my ticket for today and it’s not possible to go for stamping now. what can i do?

H4 EAD is based on i140

Also, he said that H4-EAD is irrespective of the employer if my husband’s valid I-140. It’s not showing denied/RFE when we check the case status. Does it mean that it’s still in processing?

Travel with old employer’s H4 visa stamp

Yes, you can travel with current H4 and show the new H1B i797 to immigration officer at port of entry. He will stamp your i94 with Oct 2019 date. That is possible.

Old H4 and H4 EAD application still pending

Yes, H4 EAD is based on i140 but it also needs a valid H4 status to be approved. If the status is not showing denied/RFE, then the application is still in queue.

You might receive RFE to submit your new H4 status proof. You can do it once you get it.

Thank you so much. It meant a lot!

Should I carry husband’s H1B i797 copy for H4 extension at port of entry?

One last question is: Do i need to give my husband’s new H1B i-797 copy at the port of entry along with my passport without asking or do i need to show only if the officer asks?

Show H1B i797 at port of entry for H4 extension with new date

You can show H1B i797 yourself to immigration officer as you want the Oct 2019 date for your H4 i94.

If you do not give or if the officer does not ask, then he may just give you date till may 2019 (or whatever is your current H4 stamp expiry is).

copy of new H1B i-797 is enough or do i need other supporting documents like i-129?

Documents required for H4 extension at port of entry

i797 is enough but visa officer may ask for other documents (that we can’t guess).

Normally only i797 is sufficient.
You must also carry your marriage certificate and if possible, carry last 3 months husband’s (H1B) payslips.

okay. Thanks again. Have a good day!