Re-entering US when H1b is under transfer

[Phaniraj]

Hi,

I have a peculiar situation. My H1B is under transfer (I got my receipt number but I am awaiting the new I-797). My wife (is expecting) and kid (both on dependent H4 visa valid until Sep 30, 2009) had to rush to India on an emergency.

a) Assuming that I do not leave US and if I get my new I-797 by the time they are ready to come to US, do we have to go for stamping again for them to be eligible to enter into the US?
b) Assuming the same situation, if I want to sponsor my mother or mother-in-law to come to the US, do I have to go for visa stamping again?

Your inputs are highly appreciated.

Regards,
Raj/

[Murali]

1. If the old visa stamp is still valid, that is good to enter into USA, however at the port of eatery show copy of the latest and new I797.

2. No don't need stamping, copy of approved I797 will do.

[mbnr2usa]

Hi Murali,

First of all, thanks a lot for your suggestions and guidance that we receive fro m you here.

My passport has previous employer's H1B visa( and my dependents H4 visa) which is valid till Sep 30, 2009.
I just got approved my H1 transfer to the new employer. My dependents H4 transfer is still pending, though.


We are planning a short trip to India for a month in April 2008.

Since I changed my employer for the first time, I have the following queries...

1. Do I need to go to visa stamping in India, as I changed my employer to re enter into US after the trip?
2. Since my dependents H4 is still pending, do they enter along with me without visa stamping?
3. If my dependents want to stay back in India for a while, do they need to go for visa stamping in India, before they plan to come back to US?
4. What kind of precautions/paper work I need to carry, in order to have safe entry into US?

Your precious suggestions are appreciated.

Thanks
kishore