Can travel to the US without a new employer petition?

This is Swathi from India.

Currently, I am in India. My H4 visa valid for another 2 years but my husband changed to a new employer. We planning to get separate so he is not providing me the new H1-b petition.

Asked on October 5, 2015 under Immigration Law, Illinois


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As long as you are legally married you can continue traveling on your H-4 petition.  It is not tied to any particular employer of your husband only your husband's H-1B status.  However, as soon as you are no longer legally married, you have no basis for H-4 status.

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