Legal Question in Immigration Law in Texas

Re-entry - H4 Visa from former Employer

My spouse has valid H4 visa ( till 2010) from my former employer.

The I-539 appliation (from current employer) for extended stay is still pending .

We have a receipt that USCIS has recived the application . The primary (I797 ) is approved .

Meanwhile she had left USA for a month .

Can my spouse enter US on H4 visa from my previous employer ?

Please let me know .

Thanks .


Asked on 3/18/09, 12:23 pm

1 Answer from Attorneys
Anthony Siliato Meyner and Landis LLP

Re: Re-entry - H4 Visa from former Employer

An H-4 visa actually is not employer specific. so long as you are in valid H-1B status, your spouse may enter on an H-4 visa that was issued in connection with your previous employment. Her extension of stay application will remain valid. If the extension of stay is approved while she is abroad, you may send her the approval notice and she would be entitled to the extended period of stay on her I-94 when she re-enters the U.S.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 3/18/09, 12:37 pm


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