Travel on valid H4

[Nitin M Natekar]

I have changed the job recently.My wife and kid's H4 visa is issued when I was working with old employer.My new employer has filed my petition for transfer.Petition is not yet approved and it is in Initial review.I am planning to bring my family in US as they have valid H4 visa till 2015.Can my family travel on H4 visa before my petition approval from new employer?

[raghvi]

I have changed the job recently.My wife and kid's H4 visa is issued when I was working with old employer.My new employer has filed my petition for transfer.Petition is not yet approved and it is in Initial review.I am planning to bring my family in US as they have valid H4 visa till 2015.Can my family travel on H4 visa before my petition approval from new employer?

Every visa should have a valid underlying I797. As you are in the middle of a transfer and the transfer hasnt yet been approved, technically she doesnt have a supporting I797 to travel with. I would advise she travels with your approved I797 copy.

This is my opinion not legal advice.

[Nitin M Natekar]

Thanks for advice raghvi