H4 Reentry with revoked H1B ??

[nsreddy]

Hi,
Thanks for answering for my question with more patience.

I have 2 questions regarding my wife and kid entry in to U.S on H4 and my H1B status.My case is like this

I came to U.S in Mar 08 with Company A then transferred to B in Aug 08 then again transferred to C in Sep 08 (C's H1 expirationdate is Jan 10) .My wife and kid went to H4 Stamping on Apr 09 and approved with Company C name and expiration date Jan 10 .

My family was in U.S from May 1st 09 to Aug 09 then gone back to India.I got laid off in May 1 09 .Don ‘t have pay stubs from Jun to Sep 09.I gone back to B company and start working from Oct 09 since B never revoked my H1B.

1)Is it possible my wife and kid come back to U.S with their C companie's H4( expiration date Jan 10) though C revoked my H1?

a)If Yes How long they can stay ?Will it be only till Jan 2010? Do I need to apply H4 extension for them on company B when they in U.S itself?Generally how many days H4 extension will take?
b)What are the documents need to carry for POE for H4?

2)Am I legal to work on B's H1 since B and A never revoked my H1?

[nsreddy]

Please consider this is urgent and waiting for your valuable answers.

[txh1b]

You have been out of status during the period you do not have paystubs.

Your dependents need your I797 for the company that you are working for currently at the time of entry and the POE officer coul;d give the I-94 based on the validity of that H1b petition. The visa can be from any company as H4 is tied to your H1b, not to the company.

You can work for the company that has not revoked the visa by going back. However, the company's liability on such cases is to pay you for all the gap period. If they did not do it, you can get paid for the period and restore your status lost during the gap.

[nsreddy]

Thanks for your response.

I would like know to what are the documents my wife (H4) need to have for POE.I guess all the documents are xerox documents not original .

Thanks in Advance

[shervin143]

1) Passport with a valid H4 visa
2) Your I-797 approval notice
3) A letter from your employer indicating that your employment is continuing
4) Couple of your latest pay stubs (Good to have as additional proof)
5) A copy of your marriage certificate

Thanks for your response.

I would like know to what are the documents my wife (H4) need to have for POE.I guess all the documents are xerox documents not original .

Thanks in Advance