H1B Transferred.Is New H4 required for bringing family again

[thanips]

Hi,

I was with Employer A till 2003 March, the visa for which is till September 2004. I left my family in India and came back in October 2003 through another Employer B who has applied for h1b transfer. I haven't got the approval notice which may happen anytime now. My family had the H4 papers of Employer A when it was here. Now If I want to bring them here, Do I need to apply for H4 again or will my new H1 approval notice will suffice for them to get the visa stamped in India.

Thanks for any help.

Regards, Thani

[ajayjv]

Not required..But...

If your spouse has valid visa till Sept 2004, she can travel to USA with that visa, irrespective of your new h1-b.

After her arrival to usa, You may need to file I-539 for your spouse for the extension of visa with ur new h1-b, where she gets new I-94 as per your new h1-b. You must get the new i-94 for your spouse before the expiry of current i-94.

Failing to this she must leave USA before current expiry of I-94 and get it stamped in INDIA using ur new h1.

As you mentioned, the H1 is not yet received..You can call ur spouse on current Visa and apply for i-539 and get new I-94. You both can get it stamped in USA itself.