H4 travel to India in July 20 and coming back on Aug 30 -Visa expires in Sep 9th 2015

[krisiva]

Hi,

My wife having H4 visa stamp with my previous company which is going to expire on 9th Sep 2015. But, she has new H4 petition based on my new company which is valid till Sep 2017.

1. Is she can (H4) travel to India in July 18, 2015 and coming back on Aug 30, 2015 but, her current H4 Visa stamp expiring in Sep 9th 2015? She can tranvel and comeback to US before current H4 visa expires?

2. I have approved I-140 with my old employer and applied her EAD which is in progress now. But, I moved out of my old employer and my H1 is transferred into new employer and got my H1 extn till Sep 2017 based on my approved I-140. In that case, also my wife can travel to India and come back to USA during this time before her current H4 visa expires?

3. Is she requires restamp with my current employer if her current H4 Visa stamp expires in Sep2015? But, she is coming back to USA befor her current H4 visa stamp expiring.

4. Is there any minimum days or month required for entering back to USA before her current H4 visa stamp expire?

Please advise? I have to book a ticket accordingly and initiate her travel based on these queries clarification.

Thanks,
Siva

[shervin143]

1. Is she can (H4) travel to India in July 18, 2015 and coming back on Aug 30, 2015 but, her current H4 Visa stamp expiring in Sep 9th 2015? She can tranvel and comeback to US before current H4 visa expires?
>>> Yes. She will need to carry your new H1B approval notice.

2. I have approved I-140 with my old employer and applied her EAD which is in progress now. But, I moved out of my old employer and my H1 is transferred into new employer and got my H1 extn till Sep 2017 based on my approved I-140. In that case, also my wife can travel to India and come back to USA during this time before her current H4 visa expires?
>>> Yes. If she leaves the country while the EAD is in progress, the EAD might get denied (since she will be no longer in H4 status when she leaves the country) and you will have to re-apply.

3. Is she requires restamp with my current employer if her current H4 Visa stamp expires in Sep2015? But, she is coming back to USA befor her current H4 visa stamp expiring.
>>> Not required. She can use her existing valid H4 visa to re-enter.

4. Is there any minimum days or month required for entering back to USA before her current H4 visa stamp expire?
>>> There is no such requirement. By showing your latest approval notice, the I-94 will be issued as per your I-797's validity.